Wednesday, May 13, 2009

Detective Daniel Clayton Bell Arrested for Drunk Driving


An off-duty detective was drunk and texting on his cell phone when he crashed into a parked car in Hallam during the early morning hours of May 3, police said.

Daniel Clayton Bell, 35, of the first block of Buttonwood Lane, Hellam Township, was charged Wednesday with driving under the influence-general impairment, driving under the influence-highest rate of alcohol, accidents involving damage to unattended property and careless driving.

Just after 3 a.m., Hellam Township police were called to a crash in the 400 block of East Market Street, Hallam, where they found Bell's silver Jeep Cherokee overturned in the middle of road.

Bell's Jeep hit a parked vehicle so hard that it knocked off a passenger-side rear tire, according to court records.

Bell, a detective with the Columbia Borough Police Department in Lancaster County, left the scene and was found a few blocks away, according to court records. Police found Bell's wallet, identification, driver's license, police badge and .25-caliber handgun inside his wrecked car, court records state.

Bell was treated for cuts to his left arm and face and taken back to the crash scene.

He was arrested for drunken driving after police smelled alcohol on him and noted Bell's eyes were glassy and bloodshot, according to court records. Police also noted Bell had slurred speech.

Bell was taken to Memorial Hospital for a blood test, which determined Bell had a 0.184 percent blood-alcohol content - more than twice the limit at which a driver is considered drunk in Pennsylvania.

Bell told police he started drinking about 5 p.m. May 2 and drank with several friends in Lancaster, court records said.

During a ride back home to Hellam Township, Bell apologized several times and said his career as a police officer was over, according to police. Bell told police he hoped he could be a learning experience for younger police officers.

Bell admitted he was texting a message on his Blackberry when he struck the parked car, according to court records.

Bell is suspended with pay pending the outcome of the charges, according to a Columbia department spokesperson.

Bell could not be reached Wednesday for comment.
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http://www.wgal.com/news/19450195/detail.html

Former Trooper Jonathan Williams Arrested for Indecent Behavior with Teen


A former state trooper arrested in April in Monroe on two counts of indecent behavior with a juvenile has been booked into East Baton Rouge Parish Prison on similar counts.

The 29 year-old Jonathan Dennis Williams, of West Monroe, was booked Monday on one count each of indecent behavior with a juvenile and pornography involving a juvenile.

An affidavit of probable cause says Williams received a lewd photo from a 16-year-old boy on Jan. 6 while attending the State Police academy in Baton Rouge. The affidavit said Williams sent a lewd photo to the juvenile two days later.

Williams was fired in April from his position as a probationary officer assigned to Troop F in Monroe.
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Information: http://www.wafb.com/Global/story.asp?S=10355241&nav=menu57_2

Former Deputy Terrence Greenwald Charged with Sexual Crimes Against Children

A preliminary hearing will be held July 1 for the former Waukesha County sheriff's deputy charged with sexual crimes involving two children.

Terrence L. Greenwald, 55, of Summit made his initial appearance Wednesday in Waukesha County Circuit Court.

He was charged last month with seven counts of first-degree sexual assault, three counts of second-degree sexual assault, eight counts of child enticement and one count of causing a child ages 13 to 18 to view sexual activity. All the charges are felonies.

The alleged incidents occurred between July 1, 1997, and Sept. 1, 2008, according to court records.

Greenwald, who was a court bailiff, retired from the Sheriff's Department on Dec. 7, 2007.

Bail was set at $100,000 last month for Greenwald, who posted the cash last month.

His attorney, Jennifer Dorow, asked Commissioner Martin Binn on Wednesday to reduce bail to $50,000. Binn declined.

"The allegations are numerous. He is facing hundreds of years' imprisonment if convicted of all of these offenses. This court does not believe that the $100,000 cash bail previously set is unreasonable under the circumstances," Binn said.

Future court proceedings will be handled by Jefferson County Circuit Judge William F. Hue. He has been appointed to handle the case because Greenwald is a former Waukesha County deputy.

A special prosecutor, Robert Repischak, an assistant district attorney from Racine County, also has been appointed.

Former Officer Jamie Buford Receives 6-Year Sentence

A former South Bend Police officer will spend six years behind bars for selling stolen guns and drugs.

Back in February, former St. Joseph County Officers Andrew Taghon and Ryan Huston and former South Bend Officer Jamie Buford all pleaded guilty to wire fraud, drug, and weapons charges.

They took drugs, guns, and electronics from two trailers and sold them with the help of a convicted felon.

On Thursday, Buford was sentenced to six years behind bars.

Taghon was sentenced on Wednesday and will spend six and a half years behind bars.

Huston will learn his punishment for the crime in July.
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http://www.wsbt.com/news/local/44921282.html

Former Officer Daniel Griffin Arrested for Impersonating Officer

A former Kingston police officer fired in 2007 still acts like he’s a cop at times and his antics got him arrested for impersonating a police officer in Berks County, according to charges filed Wednesday.

Daniel Griffin, 45, was captured in downtown Wilkes-Barre on Wednesday morning on an arrest warrant from Fleetwood Borough police. The warrant claims he pulled a badge and identified himself as a cop when police pulled him over in a personal vehicle customized to look like an unmarked police car.

Kingston officials fired Griffin in 2007. He was later convicted for altering documents and forging a signature of his police chief to obtain a tactical shotgun manufactured only for police departments.

“If you remember, we arrested him. Nothing surprises me,” said Kingston police Chief Keith Keiper. “He kept saying he was a police officer after he was arrested.”

Griffin, of Swoyersville, is charged with impersonating a police officer and providing false information to law enforcement. Magisterial District Judge Michael Dotzel of Wilkes-Barre Township released Griffin on unsecured bail. Dotzel ordered Griffin to answer to the charges in Berks County within 10 days.

After his arraignment, Griffin spoke to reporters and called his arrest a “political issue” and retaliation by Kingston officials for filing a federal lawsuit against them after his arrest. He insisted he was never fired, but retired because of a disability. Griffin claims the charges in Berks County are “false” and said he “took no official action whatsoever.”

According to arrest papers:

Police on May 7 spotted a 2003 gray Ford Crown Victoria Interceptor that “appeared to be an unmarked police vehicle.” The car had a black front license plate that says “POLICE” and red “K-9” decals on the trunk. After clocking the vehicle traveling 60 mph in a 35 mph zone, police stopped the car.

Griffin immediately hopped out of the vehicle, waving a police badge. He ignore commands to return to his vehicle, approached the officers, identified himself as a Kingston cop, and flashed a gold Kingston police badge. He then handed over an expired state-issued police identification card.

Griffin said the car he was driving is his personal vehicle, but he uses it for police work. He said he’s retired, but still works as a K-9 officer and undercover detective.

Griffin was issued a warning for speeding. Police later contacted Keiper, who advised Griffin was terminated and was told not to associate himself with the department.

Police in Fleetwood did not say whether the badge Griffin flashed was authentic. Keiper on Wednesday said Griffin had relinquished his department-issued badge at the time he was fired.

In December 2008, Griffin filed a federal lawsuit against Kingston, its administrator, police chief and civil service commission, alleging the charges stemming from the gun purchase were “planned, conceived and plotted” with the intent of “ruining his reputation.” Police said Griffin bought the gun in 2003, but they weren’t tipped off to the purchase until May 2007 when Griffin submitted a reimbursement form to the municipality under the auspice of his uniform allowance.

Griffin, the department’s firearms instructor, claimed he purchased the gun for the department’s use. He has appealed his conviction and says his sentence of probation has been “stayed,” pending the appeal.
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Other Information: http://www.philly.com/philly/news/pennsylvania/20090513_ap_firedpacopaccusedofimpersonatingofficer.html

Encounter with 2 King County Deputies Leaves Man in Coma

SEATTLE

Conflicting reports are emerging about when two King County Sheriff’s deputies identified themselves to a man who ran from them Sunday morning in Seattle’s Belltown neighborhood.

Christopher Harris, 29, is now on life support in a coma with severe head injuries after hitting his head on a wall as he was being arrested.

According to the Seattle Times, an attorney for Harris’ family says deputies Matthew Paul and Joseph Eshom both wore black uniforms and yelled at Harris from a half-block away in a darkened alley. Attorney Sim Osborn says one witness reported the deputies did not identify themselves as officers until Harris began running down the alley. Osborn said Harris eventually stopped running after realizing who was chasing him.

But other witnesses say they thought Paul and Eshom yelled “police” right away.

A King County sheriff’s spokesman, Sgt. John Urquhart, would not comment to the Times because the investigation is still ongoing.

The arrest happened outside the Cinerama Theater and there is surveillance video that reportedly gives a clear view of the arrest. Urquhart said the sheriff’s office plans to release the video after the initial investigation is completed.

Osborn said he hasn’t seen the video, but he says a witness told investigators that Harris held his hands up and then was blindsided.

"From what I understand, the video is fairly sickening,” Osborn told the Times.

Paul, 26, is the one who made the arrest. Urquhart says he is being placed on paid administrative leave, which is standard in cases like these. Eshom, 28, will be back on the job tonight. Both are assigned to the graveyard shift for Metro Transit police, which patrols bus routes and shelters.

On Sunday morning at about 1 a.m., the pair was on foot patrol when they responded to a stabbing at a convenience store. The sheriff’s office said someone identified Harris as a suspect, leading to the chase and arrest. Surveillance video from the convenience store shows Harris was not involved in the stabbing, but the deputies did not know that at the time.

It’s still not clear why Harris ran in the first place. Doctors can’t yet say if Harris will recover.

After the sheriff’s office investigation, Seattle police will conduct a review to confirm the findings. Harris’ family wants an independent investigation by the Washington State Patrol.

Even if they are cleared of criminal wrongdoing, Paul and Eshom could face disciplinary action by the department.
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http://seattletimes.nwsource.com/html/localnews/2009213641_arrest13m.html

Officer Dina Hoffman Investigated for Perjury

A Montgomery County Police officer who is being investigated for criminal perjury remains on duty with no restrictions, police officials said Tuesday.

"We do treat these allegations seriously. We have to let this process take place," Lt. Paul Starks, a police spokesman, said.

Officer II Dina Hoffman testified in April that she arrested a Rockville man for driving under the influence behind the wheel of a parked car. A recording from a security camera showed the man was lying down in the back seat, with his feet out the open passenger side door, when she approached him.

The Montgomery County State's Attorney's Office referred the case to the Howard County State's Attorney's Office because county prosecutors might be questioned, said Seth Zucker, a spokesman for the Montgomery County State's Attorney's Office.

Howard County's State's Attorney's Office has been notified and is waiting to receive the case against Hoffman, its spokesman, Wayne Kirwan, said Tuesday.

Starks acknowledged that the department is concerned that Hoffman's testimony in other cases might be impugned as she continues on duty.

"In situations like that, there is always that concern," Starks said.

George Zaliev, 56, of Rockville, was arrested about 7:30 p.m. May 3, 2008, for DUI at the parking lot of Sarkissian Interiors at 8537 Atlas Drive in Gaithersburg. Police said a preliminary breath test showed a blood alcohol content of 0.15, nearly twice the legal limit.

At his Montgomery County District Court trial, Hoffman testified 11 times that she found Zaliev in the front driver's seat. She said she shook him awake and he was not cooperative in doing field sobriety tests.

Zaliev's attorney, Paul E. Mack of Columbia, used a laptop computer to show a video from a security camera at Sarkissian that recorded the arrest.

The footage shows Hoffman arrived and immediately walked up to Zaliev as he was lying in the back seat.

Hoffman, a three-year veteran, has not returned messages or requests for interviews.

After Judge Dennis A. McHugh viewed the tape, he ruled the arrest lacked probable cause. The judge found Zaliev not guilty.

"I've done enough of these that I know, without the video, it would have been my client's word against the officer's and I probably wouldn't have won," Mack said in an interview.

Mack contacted reporters after receiving a transcript of the trial.

By lying in the back seat of the car, Zaliev did nothing illegal and should not have been arrested, Mack said.

Zaliev, an upholsterer, was waiting in his friend's car for his friend to get off work and drive him home, Mack said.

In her testimony at the April 2 trial, Hoffman claimed she approached Zaliev on the left side of the car where he sat behind the wheel asleep. She described shaking his shoulder to wake him.

"He was just sitting in the front seat, kind of sitting there sleeping," Hoffman testified.

After the recording was played in the courtroom, Hoffman was asked whether she was wrong about Zaliev's position in the car.

"Yeah, I must have been," Hoffman testified. "My apologies. It's been over a year. I deal with a lot of these cases every day so my apologies."

But Hoffman then said Zaliev "must've admitted to me that he was driving the vehicle at some point."

If Zaliev had been convicted, he would have faced a maximum sentence of $1,000 fine and a year in jail.

"If it was determined there's perjury in this case, this is the kind of case that would undermine the authority of police and the perception of good officers out there doing their job," said Christopher Heffernan, chairman of the Maryland State Bar Association's litigation committee. "This would damage the police officers who are doing a good job out there to protect us. This is disturbing to everyone who looks up to the police and relies on them to protect us from the bad guys."

Emily White of the Montgomery County State's Attorney's office said the office did not know how many cases might have to be dropped or delayed because prosecution depends on Hoffman's testimony.

Hoffman has eight traffic cases pending and no criminal cases, Starks said. But Hoffman could be called as a witness in cases where she responded to a call from another officer.

Although allegations of perjury are not uncommon, it is very rare that such cases are ever brought to trial, and Heffernan said he could not remember any that involved police officers.

Asked whether Montgomery County Police had faced perjury allegations against an officer recently, Starks said he asked internal affairs to check through 2005 and found no cases.

Former Officer Jerry Bowens Declared Unfit to Stand Trial

NEW YORK

A judge has declared a former New York City police officer accused of fatally shooting his girlfriend unfit to stand trial.

The lawyer for Jerry Bowens says state Supreme Court Judge Matthew D'Emic ruled last week that his client was unfit to stand trial in the March killing of Bowens' girlfriend Catherine D'Onofrio and wounding D'Onofrio's best friend, Melissa Simmons.

Defense attorney Wayne Bodden says the 43-year-old will enter a psychiatric facility.

Bowens has said in a statement that he was trying to kill himself when he accidentally shot his girlfriend in the head. Simmons suffered graze wounds.

Bowens will be treated and re-examined from time to time. It's possible he eventually will be declared fit to face the charges.

D'Onofrio's mother, Jane, expressed disappointment in the ruling.

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Information from: http://www.nydailynews.com/news/ny_crime/2009/05/13/2009-05-13_excops_ruled_unfit_to_stand_trial_for_murder.html

Officer Shawn Jenkins Faces Federal Robbery Charges

A veteran New York City police officer has been arrested on charges that he plotted to steal hundreds of thousands of dollars believed to be hidden in an apartment where a drug dealer once lived.

The officer, Shawn Jenkins, faces federal robbery charges.

Prosecutors said that Officer Jenkins was recorded by an informant talking about a scheme to subdue the current tenant of an Upper Manhattan apartment and retrieve $900,000 that was rumored to have been hidden under the floor.

Police officers and federal agents were waiting to arrest the officer on Tuesday night when, they said, he arrived there.

The tenant told the authorities that burglars have repeatedly been attracted to the home since a cocaine dealer who previously lived there was arrested.

Last year, someone ripped up the floorboards while the tenant was on vacation.
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http://www.nydailynews.com/news/ny_crime/2009/05/13/2009-05-13_cops_dirty_cop_busted_plotting_to_rob_drug_dealer_of_1_million_cash.html

Jury Selection Begins for Officer Michael Recio


Jury selection begins Monday in the case of a Jackson police officer who was accused of civil rights violations along with late Mayor Frank Melton.

Michael Recio, the mayor's former bodyguard, and Melton were accused in the 2006 sledgehammer attack on a duplex Melton considered a crack house.

Melton died May 7, just days before the trial was to begin.

U.S. District Judge Daniel Jordan said during a hearing Thursday that he needed to know if the case against Recio wouldn't go forward because 700 potential jurors have been contacted.

Prosecutor Mark Blumberg said plea negotiations came to a "grinding halt" and the government plans to move forward.

Prosecutors moved to dismiss the charges against Melton on Wednesday.

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Tuesday, May 12, 2009

Lt Gerald Copeland Arrested for Abducting Prostitute and Raping Her

Gerald Copeland, a retired Lieutenant with the Fulton County Police Department was back in trouble with the law Thursday. Police said Copeland's crimes involve a prostitute.

In a widening investigation, another prostitute is claiming Copeland abducted her, robbed her and raped her.

Union City police have charged Copeland in connection with the discovery of a half-clothed Atlanta prostitute found wandering in a subdivision off Highway 92.

A passerby found the victim wandering down a deserted road. The woman was described as half beaten, robbed and raped.

The 48-year old former cop was arrested in Fayette County last month, charged in similar crimes with two other alleged prostitutes.

Police said other victims had also been taken to vacant subdivisions, where Copeland is accused of raping, assaulting and robbing them.

Investigators searched Copeland's home in North Fulton County. Copeland remained in the Fayette County Jail without bond Thursday.

Police said the Fayette County crimes happened in April, the Union City assault happened in March.

Police said they suspect there are many more victims out there who are too afraid to come forward.
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http://www.ajc.com/services/content/metro/atlanta/stories/2009/05/14/ex_fulton_cop_charged.html

Deputy Brian Vigil Charged with Robbing Pharmacy

A Rio Arriba County sheriff's deputy is facing charges following an armed standoff with police after he allegedly robbed a pharmacy.

Santa Fe Police Capt. Gary Johnson says negotiators got 37-year-old Brian Vigil to give up Monday afternoon and he was transported to a Santa Fe hospital.

Police say they followed Vigil from the pharmacy to a nearby field, where he alternated between sitting down, standing up and cursing at police, all while holding a gun to his own head.

No one was injured and no shots were fired during the two-hour standoff.

Vigil faces charges of robbery, tampering with evidence and five counts of possession of a controlled substance.

Vigil had been on light duty since January because of a head injury he received while on the job.

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Information from: The Santa Fe New Mexican, http://www.sfnewmexican.com
More Information: http://www.kcbd.com/Global/story.asp?S=10345696

Cpl Michael Wootton Accused of Shooting Neighbor's Dog

What are they thinking up in Essex? A police officer is charged with a crime involving a gun, yet the department fails to immediately relieve him of duty. For the sake of keeping the public's trust, the officer should have been placed on leave until the matter is settled.

Cpl. Michael J. Wootton is accused of shooting and killing a neighbor's dog which was fighting with his own dog and was charged with animal cruelty after a state police investigation. The crime is a misdemeanor punishable by up to a year in prison, a fine of up to $2,000 or both.

In a news release issued Tuesday, The Essex Police Department stated in part: "The department continues to review the incident administratively. At this time, Corporal Wootton has not been placed on administrative leave and we cannot comment further due to the ongoing administrative investigation."

This refusal to comment on an investigation into the conduct of a police officer has become an all too familiar refrain that undermines confidence in law enforcement. An employer needs to respect the right of privacy in a personnel matter, but a government has to weigh that right against the public interest, which requires transparency when looking into charges of wrongdoing.

The least the Essex Police Department should do is put the officer at a desk in a job that doesn't involve guns and involves minimal contact with the public until the matter is settled, and let the public know that this action has been taken.

A better move would be to put in him on leave and out of uniform until his court case runs its course, if for no other reason than to reassure the public that the department takes the safety of the public seriously.

We don't know all the circumstances surrounding the shooting of the dog, but the bare facts are enough to raise concern about Wootton's judgment when it comes to the use of his gun. If there are good reasons to allow the officer to remain on duty and carry a gun, they need to be made clear to the public.

Until the concerns can be cleared up -- and without passing judgment on Cpl. Wootton -- the officer should not be placed in an official role that involves carrying a gun.

When a police officer has been charged with a crime, his superiors must do everything it can to protect the reputation of the department and ensure the public's faith in the police. So far, the Essex Police Department's response to the Wootton affair serves neither interest well.
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http://www.fox44.net/Global/story.asp?S=10347893

Sgt Steven Mark Flamm Arrrested for Shoplifting & Child Endangerment

A Los Angeles County Sheriff’s Department sergeant could face charges of grand theft and child endangerment in connection to the shoplifting of $790 in clothing from a store in Thousand Oaks, authorities said Tuesday.

Sgt. Steven Mark Flamm, 42, was booked into Ventura County Jail Monday after he turned himself in at the Thousand Oaks police station, said Detective Eric Buschow, a spokesman for the Ventura County Sheriff’s Department.

Flamm, of Simi Valley, came to the police station voluntarily after Ventura County sheriff’s investigators contacted him and explained he was a suspect in the theft of two jackets worth a total of $790 from the Nordstrom store at The Oaks, Buschow said.

Flamm was initially stopped by Nordstrom’s loss prevention officers outside the store after the alleged theft, which occurred on the afternoon of May 1.

A Ventura County sheriff’s deputy responded to the scene at 346 W. Hillcrest Drive, and decided, along with store officials, to release Flamm pending further investigation, Buschow said. Authorities determined they had probable cause to arrest Flamm after reviewing surveillance video and the circumstances of the incident, he said.

Flamm was booked into jail on suspicion of felony grand theft and misdemeanor child endangerment, Buschow said. The child endangerment charge relates to Flamm’s alleged use of his young daughter as a participant in the crime, he said.

The girl is younger than 10 years old, Buschow said. He declined to discuss the specifics of the girl’s alleged involvement in the theft.

Flamm was released from custody Monday on $10,000 bail, Buschow said. He is scheduled to be arraigned in Ventura County Superior Court on May 18.

He could not be reached for comment Tuesday.

Flamm has been relieved of his law enforcement powers and placed on paid leave from the Los Angeles County Sheriff’s Department, said department spokesman Steve Whitmore.

If the Ventura County District Attorney charges Flamm with a felony, he will be placed on unpaid leave, Whitmore said.

Emphasizing that Flamm is presumed innocent until proven guilty, Whitmore said the allegations are disturbing.

Flamm will remain on leave until the criminal proceedings are concluded, Whitmore said. If he is found guilty, he could be fired.

A member of the Los Angeles County Sheriff’s Department since 1988, Flamm recently worked in the department’s training bureau, Whitmore said.

Los Angeles County sheriff’s sergeants can earn between $75,000 and $98,000 a year, plus overtime, according to documents posted on the county’s Web site.

Deputy Scott Payne Arrested for Theft and Drug Charges

A Gordon County Sheriff’s deputy has been arrested after an investigation linked him to the theft of fuel.

Scott W. Payne, 37, of Derby Lane, Calhoun, has been terminated as a deputy sheriff and jailed on theft and drug charges, Gordon County Sheriff Mitch Ralston said.

According to Ralston:

Upon assuming office on Jan. 1, 2009, Ralton ordered a thorough audit and review of the operation of the Sheriff’s Office.

Part of this audit included an examination of fuel consumption in official vehicles. A serious discrepancy was noted concerning a particular deputy sheriff in the patrol division. As this discrepancy appeared very serious, Ralston contacted the Georgia Bureau of Investigation (GBI) to conduct an independent criminal investigation.

This investigation, which began in April, spanned several weeks and concluded with Payne’s arrest Monday by the GBI on theft charges.

When Payne was being allowed to retrieve personal belongings from a patrol car, he attempted to grab and destroy a cigarette box found to contain what is believed to be marijuana.

In addition to the theft charge, Payne will be charged with violation of the Georgia Controlled Substances Act by the GBI. He was booked at the Gordon County Jail and housed in a neighboring jurisdiction pending bond proceedings.

Payne had been employed in the Sheriff’s Office since November 1995, serving under two previous administrations. He was certified as a peace officer in October 1997.
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http://www.coosavalleynews.com/np80763.htm

Officer Robert Cirello Arrested for Road Rage


A Baltimore City police officer who is no stranger to controversy was arrested Friday and charged with assault and reckless endangerment in connection with a road rage incident in Harford County, Maryland State Police said Monday.

Officer Robert G. Cirello, 30, of Abingdon was driving in Bel Air about noon Friday when he and another driver got into an unspecified disagreement in traffic, state police said.

As the two vehicles reached Emmorton and Plumtree roads, the second driver said Cirello, who was off duty, flashed a gun, according to Sgt. Arthur Betts, a state police spokesman. The driver called police with a description of the vehicle.

Shortly afterward, officers located a vehicle matching that description at U.S. 1 and Route 24, found Cirello in possession of a handgun and made the arrest, Betts said. Cirello was booked at the Harford County Detention Center on two counts of first-degree assault, two of second-degree assault and two of reckless endangerment, police said.

He was released on $20,000 bond. Cirello did not immediately respond to phone messages left by The Baltimore Sun.

A New Jersey native and seven-year veteran of the city police, Cirello was the key figure in a 2006 incident in which four men said the officer improperly arrested them as they finished a game of pickup basketball in Patterson Park.

A jury agreed and awarded them a total of $1.85 million last May. The city ultimately settled the case for $320,000.

The men had said Cirello - in attempt to "prove he was King of the Park," according to court documents - drew his weapon in the process of arresting two of them, used pepper spray on the two and called for backup. Some spent weeks or months in jail awaiting trial before a jury acquitted all the men of assault charges.

Cirello asserted in a countersuit that the men converged on him in a hostile manner, one brandishing a knife, as he tried to evict them from the closed park. The jury rejected those counterclaims.

In a subsequent filing, the officer implied the men were responsible for an incident in which he was shot while patrolling the same park later that year.

As TheSun reported at the time, unknown assailants ambushed Cirello as he got out of his patrol car in Patterson Park on Sept. 7, 2006, shooting him twice in the chest at close range. Police said body armor saved him.

That part of Cirello's countersuit was dropped when the plaintiffs requested documents related to the shooting investigation.

A paramedic before becoming a police officer, Cirello was among those who aided victims at the World Trade Center towers in New York after the terror attacks of Sept. 11, 2001.

Cirello has been suspended from police duty pending the outcome of the criminal case and a department investigation, said Detective Nicole Monroe, a city police spokeswoman.

His preliminary hearing is set for June 4 in Harford County District Court.
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http://www.abc2news.com/news/local/story/City-Officer-Charged-in-Road-Rage-Incident/rWwxh9RH1kyuvXg7yE1feQ.cspx

Trooper Charles Davis Arrested for Hitting Boy with Handgun


A veteran Florida Highway Patrol trooper was fired today after he was arrested this weekend for allegedly hitting a 17-year-old boy with his handgun.

Charles Davis, 47, was booked into the Orange County Jail Sunday morning on a charge of aggravated battery. He has since been released.

According to police reports, Davis had two separate altercations with teens in his Lake Como neighborhood early Sunday morning. The first incident occurred around 1:40 a.m. when Davis left his house to buy peanuts.

He found a group of teens, three girls and a boy, standing near his front yard and asked them to leave because they were being noisy. Davis thought they were in the area for a party because there were several cars in the neighborhood.

He and a teen, Lucas L. Lopez, began arguing and Davis allegedly swung his fist at the teen. Lopez grabbed Davis and put him in a "choke hold" and told the man he would let him go if he calmed down.

Davis told the teen he would calm down and was released. He told the teens he was going to get his gun, so they ran toward a car and left the area, reports show.

Shortly after this incident, Davis began yelling at another group of teens who were standing across the street from his home. He swung his gun at 17-year-old Justin Roy's head and shoulder, which caused a cut and a scrape, reports show.

During the investigation by Orlando Police, Davis was allegedly verbally abusive toward officers. While filling out a statement, he told police, "next time he would kill them and leave the bodies for us to clean up on his lawn," an officer wrote in a report.

While officers were at his house, Davis left in his marked, FHP patrol car. He was arrested when he returned.

Davis, who has been with FHP since 1984, investigated by the Florida Highway Patrol in 2007 for disorderly conduct. Records also show he was arrested by Orlando Police in 2006 for a similar charge. It's unknown if the two are related.

A spokeswoman for the Florida Department of Highway Safety and Motor Vehicles said said Davis faced an 80-hour suspension after the 2006 incident.

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Officer Scott Crawford Accused of Brutality for 7th Time

A local police officer is accused of brutality for a seventh time. He's now racked up lawsuits in all of those cases, and has been caught on camera twice allegedly using excessive force. CBS 2 Investigator Dave Savini exposes an officer accused of "Abusing the Badge."

John Thompson, a champion pool player, was playing a game in a Round Lake Heights bar in March of 2008. That's when he says an out-of control police officer brutally beat him. It was caught on a bar security camera.

"He punched me full force," Thompson said. "It hurt enough to knock me down."

The 37-year-old truck driver says he accidentally bumped a female customer during a shot.

"I tried to apologize to her, but she didn't want to accept my apology," Thompson said.

Thompson continued to play pool. Meanwhile police officers start talking to his friend.

Then as he's about to take a shot, Round Lake Heights Police Officer Scott Crawford grabs the stick.

"It just happened so quick, I can't believe the officer punched me," Thompson said.

The punch threw Thompson to the ground, and two more officers from another department, Round Lake Beach, tried to hold him there.

"They were stepping on me, kneeing me in the back," Thompson said.

Even though they had three officers on top of Thompson, a fourth whips out a Taser gun and fires.

"I got hit in the chest here, right where my heart is, I got hit here," Thompson said.

Then, from a different camera, you can see a light flashing. That's yet another officer Tasering Thompson while he's on the ground.

"They hit me in the chest, they hit me in the leg," Thompson said.

Thompson showed CBS 2 his Taser wounds and his bruised face from Crawford's punch, but it's not the first time Crawford's been caught on camera punching someone.

In 2001, Crawford, as a Waukegan police officer, was caught on camera hitting a handcuffed man in the back of his squad car. That man sued, and the case settled.

Crawford next became a Marengo police officer, and again was accused of police brutality.

"He tackled me to the ground," said Marengo teen Nicole Surber.

Nicole Surber, and Brian and Kevin Gaughn, are among the five residents who are suing Marengo for police brutality; all the cases involve Scott Crawford.

"I had a cerebral concussion right here," Brian Gaughn said.

"I can't stop thinking about what happened, I was terrified," Kevin Gaughn said.

The 2 Investigators discovered that when Crawford applied for his Marengo job, he checked 'no' when asked if he had ever been involved in a lawsuit, despite being sued in Waukegan.

Back to Thompson's case: Crawford arrested him for aggravated battery of a police officer saying Thompson hit him with a pool stick.

But Thompson's lawyer Paul Oleksak says watch the video and you'll see Crawford lied about being struck. And a judge convicted Thompson on a reduced charge of disorderly conduct.

"How can somebody like Officer Crawford continue to maintain a job as a police officer?" Oleksak said. "It's absolutely incredulous that he can go from Waukegan to Marengo to Round Lake Heights, and still keep his job."

CBS 2 tried talking to Crawford, but he called the police on us.

"I refer all questions to my attorney," Crawford said.

"I don't think it's coincidental, I think he's he a hothead," Thompson said. "He's got a bad temper and he shouldn't be an officer."

John Thompson has filed a lawsuit against all of the officers and both police departments involved in his case.

In an e-mail, the attorney representing Round Lake Heights Police said Thompson became verbally and physically aggressive towards Crawford and that Crawford denies he acted unreasonably.

Round Lake Beach's attorney has not returned our call.

The Marengo cases are ongoing.

To send a tip to the 2 Investigators, click here.

Monday, May 11, 2009

Trooper Joshua Giddings Arrested for Sexual Exploitation

A 7-year Delaware State Police trooper has been arrested and charged with sexual exploitation.

Corporal Joshua Giddings, who was assigned to Troop 9 in Odessa, has been arrested on charges of sexual exploitation, receiving a bribe and official misconduct.

State Police say the officer arrested a 39-year old New Castle woman on March 19th for shoplifting at the Christiana Mall. Following the arrest, investigators say Corporal Giddings and the woman agreed that the woman wouldn't be taken immediately to court if she agreed to perform a sexual favor. Instead, the officer issued a a summons to appear in court at a later date.

The woman told investigators the officer then drove to a secluded area and engaged in a sexual act with the woman, then drove her home.

Corporal Giddings has been placed on suspension without pay and benefits with the intent to dismiss him from the police force.
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http://www.wmdt.com/topstory/displaystory.asp?id=12981

Officer Robert Cirello Arrested for Road Rage

Officer Robert Cirello was arrested over the weekend after Maryland State Police say he was involved in a road rage incident around noon on May 8th.

According to charging documents obtained by ABC2 News, Cirello is accused of cutting off a car along Route 924 near Singer Road in Harford County. That car's driver honked at Cirello, who then stopped, forcing the other car to drive around him. When the two were side by side, the two victims say Cirello threw a cup of "tobacco juice" on them and pointed his 40 caliber Glock handgun at them.

Cirello was arrested by Maryland State Police and was scheduled for a suspension hearing on Monday.

Officer Robert Cirello was shot near Patterson Park in 2006 while on patrol after a rash of robberies. He was saved by his bullet proof vest.

In a separate incident, Officer Joseph Hannerman was arrested on May 8th just before 11pm for allegedly choking and punching his girlfriend in the face. The alleged assault occurred on the front porch of 2935 Mosher Street in Southwest Baltimore.

Hammerman is also scheduled for a suspension hearing Monday.
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http://www.baltimoresun.com/news/local/harford/bal-cirello0511,0,280671.story

Former Officer Christian Torres Sentenced to 10 years for Robbing Bank


PHILADELPHIA

A former New York transit officer who pulled a gun on three bank tellers, one of them nine months pregnant, during a Reading bank heist was sentenced Monday to 10 years in prison.

Christian Torres, 22, still faces charges in New York for two bank heists there.

Torres, of New York City, told the judge he regrets letting down his fiancee and his family, defense lawyer Angelo MacDonald said.

In his youth, Torres had won a scholarship to Rye Country Day School and attended the John Jay College of Criminal Justice before leaving to enter the police academy, the lawyer said.

"It is a shame," MacDonald said. "He's a bright kid, and he seems like a nice kid."

U.S. District Judge Thomas Golden sentenced Torres at the bottom of the sentencing range. Torres has provided authorities information in the New York case, but his lawyers plan to wait to see the evidence before deciding if he will plead to those charges.

He also has met with Sovereign Bank officials since his arrest to discuss security measures, lead defense lawyer Paul Missan said.

Torres admitted he pulled the April 2008 "takeover" heist of the Sovereign Bank branch in Reading, which occurred as the bank was opening for the morning. Wearing a hat and wig, he approached a bank employee in the parking lot, followed her inside and forced employees into a vault at gunpoint before making off with $113,000.

Police had been notified early on, and Torres was arrested , and the money recovered , a short time later.

The Pennsylvania crime followed a pair of 2007 robberies at a Sovereign branch in New York, in which he is charged with teaming up with an ex-girlfriend who worked there. Former teller Christina Dasrath admitted she shared bank security measures with Torres, helped stage the robberies and took a cut of the more than $100,000 in proceeds.

Dasrath is serving a 30-month federal term.

"I think the fact that they got away with it empowered them, it sort of led to the next one, and then the next one," MacDonald said Monday.

Torres has been in prison since his arrest after the Reading robbery. He used his service revolver in that holdup, the defense said. His sentence includes a mandatory seven-year sentence on the firearm charge, Assistant U.S. Attorney Joseph A. LaBar said.
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http://wfmz.com/view/?id=911770

Cpl. Joshua Giddings Arrested for Sexual Extortion


The Delaware State Police arrested a seven-year veteran patrol trooper for Sexual Extortion, Receiving a Bribe and Official Misconduct after an investigation revealed he engaged in a sex act with a 39-year-old New Castle woman.

This arrest culminates an investigation by DSP of alleged misconduct brought to the attention of the State Police by a woman arrested by Cpl. Joshua A. Giddings, 32, who was assigned to Troop 9 in Odessa.

The woman alleged that she and Giddings engaged in a sexual act while he was acting in his official capacity as a trooper. Information was provided and the investigation later substantiated that on Thursday, March 19 at approximately 8:06 pm, Giddings was working in a patrol capacity when he was dispatched to JC Penney's at the Christiana Mall for a report of a female shoplifter in custody. The investigation determined that Giddings arrested the woman for a single count of Shoplifting and for capias charges from a local court related to traffic offenses. Following the arrest, the woman and Giddings agreed that if the woman performed a sexual favor that Giddings would not take her forthwith to court to face the shoplifting charges and capiases. Instead, he issued her a criminal summons to appear at a later date in court.

With the woman under arrest and detained in the police vehicle, Giddings drove to a nearby, secluded area and engaged in a sexual act with her. He then drove her home.

Once DSP was notified of this allegation, an investigation was immediately launched and Giddings was suspended with pay and benefits. During the investigation, detectives secured a clothing item belonging to the victim. Consequently, detectives later obtained a search warrant to obtain DNA from Giddings.

The physical evidence obtained by detectives from the victim’s clothing and the DNA sample obtained from Giddings were sent to the state’s Office of the Chief Medical Examiner (OCME) for comparison. The two samples matched the DNA profile of Mr. Giddings and supported the allegation.

Arrest warrants were obtained and today, Giddings was informed of the arrest warrant and voluntarily turned himself in to investigators at Troop 2 in Glasgow. He was formally charged and upon arraignment, was issued an $8,000.00 unsecured bond.

Because of the arrest, Colonel Thomas F. Mac Leish has placed Giddings on suspension without pay and benefits with the intent to dismiss him from the division.
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http://www.wmdt.com/topstory/displaystory.asp?id=12981

Angry Crowd Throws Rocks & Bottles After Police Shoot Two Men

An angry crowd threw rocks and bottles at police in riot gear in Austin, Texas, hours after an officer shot two men, killing one of them.

Police say eight officers had minor injuries and eight patrol cars were damaged as authorities tried to break up the crowd of about 100 people that gathered after the Monday morning shooting.

Police Chief Art Acevedo said the shooting occurred after police investigating complaints of shots fired over the weekend approached a car with three men inside. He said an officer shot one man who made a movement toward a weapon when the officer tried to wake him up, and shot another who ran toward him.

Acevedo said the unidentified officer who fired will be placed on standard administrative leave.

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Information: http://www.dallasnews.com/sharedcontent/APStories/stories/D9848OI81.html
Youtube Video: http://www.youtube.com/watch?v=1ni-M8ac1vg

Officer Christopher Rojas Accused of Sexual Misconduct

Christopher Rojas admits to one vice that may have cost him his job in law enforcement: "Women."

After 15 months on paid administrative leave, the veteran Sunrise police officer was fired Jan. 28 amid allegations of sexual misconduct, as revealed in documents recently obtained by the Sun Sentinel.

Rojas, 39, who is married with children, denies the allegations and is trying to get his $75,300-a-year job back through arbitration. He declined to comment through his union representative.

An internal investigation by the Sunrise Police Department found Rojas used his authority as an officer to romance and prey on women he met on the job. The 12-year veteran had consensual sex on duty with one woman over the course of two years, police say, while in another case, a burglary victim accused Rojas of forcing her to kiss him at least twice.

"In both cases, Officer Rojas was found to have used his position as a police officer to obtain or try to obtain sexual favors, or otherwise take advantage of these women who were in need of police assistance," Capt. Robert Voss wrote in his Jan. 28 report to the chief.

In the case of the burglary victim, police records state Rojas returned to the young woman's home the day after the burglary and threatened to kick in or shoot down her door if she didn't let him in.

According to Lt. William Glennon, who handled the 615-page internal investigation, Rojas violated 20 departmental policies, including conduct unbecoming an officer, making false statements and failing to document a burglary.

Police Chief John Brooks has recommended the Florida Department of Law Enforcement permanently revoke Rojas' police certification. The agency is reviewing the case.

John Puleo, union representative for Rojas, denied the burglary victim's allegation that Rojas kissed her. In May 2008, the Broward State Attorney's Office declined to file criminal charges in that incident, saying their investigators had not been able to track down Rojas' accuser.

Puleo and Anthony Livoti, Rojas' attorney, both accuse Sunrise of failing to conduct a thorough investigation. They said Rojas was off duty during the trysts and only wore his uniform to fool his wife into thinking he was at work.

"The bottom line: [The sex] wasn't on duty," Puleo said.

But the woman Rojas was seeing told investigators the couple had sex countless times while he was on duty. She made the allegations on June 3, 2008, after the relationship soured.

According to her testimony, she met Rojas in 2004 when she was having an argument with her then-husband and called police. Rojas responded.

Both parties agree their friendship turned sexual. She told investigators they only had sex when he was on duty "because he had a wife" and wanted their affair kept secret.

When Glennon asked Rojas if he had sex on duty, Rojas answered: "Not that I'm aware of" and "I can't remember."

Rojas told Glennon he may have taken vacation time in the middle of his shift to have sex. But Glennon said a review of attendance records shows Rojas never did so.

Rojas said he may have had sex on his lunch break. Police officers are still on duty and paid during breaks, Glennon said.

The woman said Rojas came to her house up to three times a week during his 7:15 a.m. to 5:30 p.m. work shift, staying from 10 minutes to an hour. Neighbors interviewed by Glennon confirmed her story.

Glennon tape-recorded conversations between the woman and Rojas to determine the validity of her claims.

In one conversation, Rojas told her: "The one vice I have in life ... I like women, and you know I like women, OK. That is my vice in life."

In the second case, a woman claimed Rojas kissed her against her will and failed to take a police report after her apartment was burglarized.

Later, she told Glennon why she didn't fight him off: "I thought he was going to hurt me if I didn't" go along with his advances.

According to police, Rojas first met the woman on Oct. 9, 2007, when she reported a suspicious person at her apartment complex. Rojas gave her his business card and cell number. A week later, on Oct. 17, she called Rojas about the burglary.

The woman said Rojas showed up, insisted on talking in her bedroom, kissed her against her will and told her she was going to give him a key after she got the locks fixed. Hours later, the woman left messages for Rojas asking why he hadn't taken a report.

In the meantime, she told her boyfriend, who called police to file a complaint.

On Oct. 18, Rojas showed up at the woman's apartment and knocked on the door. Terrified, she slammed it in his face.

"He began kicking the door, yelling obscenities and threatening to shoot the door" then went around back and forced open the sliding glass doors, according to police.

The woman's boyfriend called 911. Soon Sunrise police swarmed the area.

The next day, Rojas was placed on paid administrative leave.

Sunday, May 10, 2009

Michael Dodd Accuses Three Troopers of Brutality

A Cambridge man has filed a complaint with Massachusetts state police accusing three troopers of brutality during a traffic stop in Watertown last month.

Twenty-five-year-old Michael Dodd says he had to go to a hospital to get treatment for a broken wrist and multiple abrasions and contusions after he posted bail at the state police barracks in Brighton on April 29.

Dodd says he was on his way home after working late at his family's restaurant when a trooper pulled him over for a cracked tail light. He says two more troopers arrived, and he claims the three officers beat him with their feet, fists and flashlights.

State police officials say Dodd had to be subdued because he became combative. Authorities say they stand behind the troopers, but they are investigating the incident.
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http://wbztv.com/massachusettswire/22.0.html?type=local&state=MA&category=n&filename=MA--PoliceComplaint.xml

Deputy Kevin Duke Arrested for Possessing Child Porn


A Kenner police detective's race to find a 13-year-old girl he thought was about to be molested ended in the arrest of a reserve East Baton Rouge Parish sheriff's deputy.

It turned out the girl did not even exist. Instead, police say, the deputy himself was going online and pretending to be that girl, even sending out nude photos of her. The reserve deputy, Kevin R. Duke, 51, of Greenwell Springs, was arrested on charges of possessing child pornography.

Detective Rob McGraw with the Kenner Police Department says officers arrested a different man on a charge of computer-aided solicitation of a minor. That man, he says, was allegedly using his computer web camera to broadcast live images of himself masturbating. The man thought he was showing that camera image to an underage girl, McGraw said.

When they arrested the man in that particular case, McGraw says the man confessed that he had also been chatting online with a 13-year-old girl in Baton Rouge who had sent him nude pictures of herself. McGraw said he immediately began searching for that girl. "We thought we were trying to find a real little girl to save her from being molested," the detective said. Detectives say they determined the photographs of that 13-year-old girl were being sent from Duke's home in Greenwell Springs, just outside Baton Rouge.

When detectives arrived at the home, they say Duke admitted that he was going online pretending to be a 13-year-old girl and sending out nude pictures of a girl in that age range. Following his arrest, Duke's commission as a volunteer reserve deputy was immediately revoked and his badge was seized, said East Baton Rouge Parish Sheriff's Office spokeswoman Casey Hicks. Investigators say the reserve deputy confessed to both sending and receiving child porn using his home computer.

Deputies say they found more than a dozen images of child pornography on Duke's home computer. "Approximately 15 images of child pornography," the investigator said in the report. "The images depicted juveniles between the approximate age of 7-13 engaging in sexual activity. During an interview of the accused, he admitted possessing, sending and receiving images of child pornography."
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Video: Child porn arrest - Kevin Duke

Former Officer Benjamin Roberson Found Guilty of Teen Rape

A former Greenville police officer has been found guilty of the sexual battery of a 14-year-old girl who became pregnant.

The verdict against 26-year-old Benjamin Roberson was returned by a Washington County Circuit Court jury late Friday afternoon. A sentencing date hasn't been set.

Roberson was arrested in July 2007. He responded to a call from the child's mother that her daughter had run away. Roberson assisted in locating the juvenile and transported the then 14-year-old to the police department where she was booked.

The sexual act occurred when Roberson was transporting the teenager back home.

After he was arraigned on the sexual battery charge, Roberson was fired from his job.
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Information from: Delta Democrat Times, http://www.ddtonline.com

Former Deputy Jemal Barker Arrested for Raping Inmate


East Baton Rouge sheriff's detectives have arrested a former deputy for allegedly raping a parish prison inmate.

Sheriff's officials say Jemal Barker, 40, of Denham Springs will be charged with aggravated rape and malfeasance in office by sexual misconduct.

Barker allegedly forcibly raped an inmate on Sunday using his stun gun as a weapon.

A fellow deputy notified the administration of the alleged abuse.

An investigation was conducted, and the deputy was fired prior to his arrest.

Officials say Barker had been employed with sheriff's office since October 2007.

He was assigned as a shift corporal in security at the parish prison.

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Saturday, May 09, 2009

Allen Ray Files Lawsuit Against Howard County Jail for Using Excessive Force

A south Arkansas man has filed a federal lawsuit against a state trooper, arguing that the officer infringed on his free speech rights and used excessive force.

According to the lawsuit, Allan Ray went to the Howard County jail in Nashville to post bond for an employee who'd been arrested April 28, 2007. While sitting with his wife and the employee in the waiting area, Ray reportedly said, "The badge weighs heavy on some of these young troopers," according to the lawsuit.

The lawsuit claims that Trooper John Lynch was so offended that he arrested Ray on suspicion of disorderly conduct and public intoxication. Ray's attorney claims that his client was not drunk, and that the trooper also used pepper spray on Ray.

The Arkansas Attorney General's Office, which is representing Lynch, declined to comment on the suit.
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More information: http://www.texarkanagazette.com/news/localnews/2009/05/10/area-man-files-lawsuit-against-state-tro-80.php

Officer Dale Horn Ordered to Remain in Jail for Violating Protective Order

Town of Lancaster Police Officer Dale R. Horn was ordered to remain jailed without bail Friday for allegedly violating an order of protection granted to his estranged wife.

State Supreme Court Justice Deborah C. Haendiges issued the ruling following a bail hearing on Horn’s April 22 arrest. He was ordered to remain in custody pending a June 8 jury hearing that he and his attorney, Richard J. Sherwood, requested in the criminal contempt case.

Prosecutor Karen A. Korkuc said Horn, who also spent 31 days in jail following an initial contempt arrest last December, has been in custody since his arrest in the parking lot of the Elks Lodge on Legion Drive in Lancaster at about 4:30 p. m. April 22.

Korkuc also played for the judge a recording of an allegedly menacing telephone call made by Horn more than a month ago to his estranged wife’s workplace.

Suspended from the police force since last August, Horn, a 28- year police veteran, faces a jail term of up to four years if convicted of four criminal complaints lodged against him since late last year, Korkuc said.

Horn, 52, is accused of violating a series of stay-away orders that Haendiges issued on behalf of his estranged wife.

On Friday, Capt. Timothy Murphy, head of the Lancaster Police detective bureau, testified about arresting Horn in the Elks Lodge parking lot.

Murphy testified that police had been alerted that the estranged wife would be attending a function in the lodge that afternoon and set up a patrol to see if Horn would show up.

Murphy testified that Horn pulled into the parking lot the first time at about 3:30 p. m. April 22 but drove off after spotting him in an unmarked police car. The detective also noted he has known Horn since they were in high school together years ago.

Horn was arrested when he returned to the parking lot an hour later, Murphy said.

Ryan Smith Tasered After he Refused to Give DNA Sample

Ryan S. Smith refused a judge’s order last fall to give a DNA sample, insisting to police that he didn’t care what court papers said.

“You are gonna have to Taser me if you want my DNA,” an officer reported Smith saying.

So police did just that, jolting Smith with electricity before swabbing the inside of his mouth.

Now the judge in the case wants to know why.

“This isn’t pretty,” Niagara County Court Judge Sara Sheldon Sperazza told lawyers involved in the case during a recent court appearance. “I’m fearful of how he’s been treated.”

Sperazza ordered several Niagara Falls police officers and an assistant district attorney to appear in her court Monday and provide sworn testimony to explain how Smith came to be shocked by a Taser on Sept. 29, 2008.

According to police records obtained by The Buffalo News, officers involved had been told by superiors to “use any means necessary” to collect the sample.

Criminal and civil attorneys say that Smith had a constitutional right to refuse the DNA request.

The judge could have ordered Smith jailed until he gave the sample, the lawyers said, but police and prosecutors had no legal authority to force him to provide one.

“If someone refuses to give their DNA, then they can be held in contempt and be held in jail until they comply,” said Patrick Balkin of Lockport, Smith’s defense lawyer.

Balkin said he never heard of anyone in the nation collecting a DNA sample using a Taser.

“It’s the worse thing I’ve ever seen,” he said. “You don’t even see people in a Third World country treated like this.”

After the DNA sample was obtained and tested, a grand jury last December handed up a 24-count indictment against Smith, 21, of Niagara Falls, in relation to a shooting and a gas station robbery. The indictment includes multiple counts of robbery, burglary, kidnapping, assault and criminal use of a firearm, as well as single counts of resisting arrest and menacing.

The last two charges accuse Smith of pointing a gun at a Niagara Falls police officer who responded to the robbery at a Sunoco gas station in the city on Dec. 24, 2006.

Smith also is accused in the July 27, 2006, shooting of Joseph Harris in the victim’s Niagara Falls home.

Smith’s DNA profile was on file in a state criminal justice databank because he had been jailed for two incidents that took place in 2005.

Sperazza granted him youthful- offender status in those cases.

Smith had responded to an order by Sperazza to provide a new DNA sample last August, before the latest cases landed him in Niagara County Court, but that sample was lost. After that, the court order for another new sample was obtained.

On Sept. 29, Niagara Falls Detectives Jim Galie and Frank Coney located Smith on Niagara Street and told him they needed to swab the inside his mouth for DNA, but Smith “was being uncooperative,” according to a report filed by Officer George W. McDonell.

McDonell responded to the call with Capt. David LeGault and Warrant Officer Bill Gee.

On the way to Police Headquarters, Smith said, “Man, this is messed up. I already gave them my DNA. I’m not giving it up again,” McDonell reported.

Once at headquarters, Smith told Officer Ryan G. Warme, “You are gonna have to Taser me if you want my DNA. I don’t care what the [court] paper says,” according to the police incident report.

Then Smith was taken to the Crime Scene Unit, where Officer Jason Sykes was to take the swab. When Smith again refused, Galie, Coney, Sykes, Warme and McDonell tried to reason with him, McDonell said.

“I ain’t giving up my DNA again, I already gave it up once,” Smith reportedly said. “I’ll sit in jail, I ain’t giving it up again. You’re going to have to taze me.”

Galie then contacted Detective Lt. William Thomson and Assistant District Attorney Doreen M. Hoffmann, McDonell reported.

“It was relayed the officers could use any means necessary to secure the sample,” he wrote.

At that point, McDonell used a Taser to apply a “drive stun” to Smith’s left shoulder. After that, he wrote, Smith complied with the order to provide his DNA.

According to his lawyer, Smith was handcuffed and on the floor when he was Tasered, and was rendered unconscious for a short time. He barely recalls the DNA being taken.

“You get pretty disoriented when you get hit by 50,000 volts,” Balkin said.

After the sample was taken, Smith was charged with second- degree contempt for failure to obey a court mandate.

On the report, the section where officers are asked if the suspect was read his Miranda rights has a check in the box marked “No.”

In any case in which a Taser is used, Niagara Falls officers are required to file a “use of force” form.

On Monday, Balkin plans to call all of the officers involved to testify except Warme, who has been jailed and suspended from his job since FBI agents charged him in October with wire fraud, conspiracy to distribute crack cocaine and other charges.

Balkin said he also plans to call Hoffmann to the witness stand.

“I’d like to give [Hoffmann] some credit in this case. I sure can’t picture any district attorney thinking that they would use a Taser,” Balkin said.

Hoffmann told The News that she will offer a very different version of what happened that day than Smith did.

Friday, May 08, 2009

Officer Eric Piotrowski Arrested for Falsely Claiming He Earned a Silver Star

A Cal Expo police officer was arrested by the FBI Friday on charges of falsely claiming he earned a Silver Star for gallantry in combat 18 years ago during Operation Desert Storm and then lying to FBI agents when confronted eight weeks ago.

Eric Gene Piotrowski, who is charged under the so-called Stolen Valor Act, made an initial appearance Friday before U.S. Magistrate Judge Dale A. Drozd, who ordered him released on a $10,000 unsecured bond.

Piotrowski, 41, bought the medal and certificate via the Internet in 2007, and created a citation on a personal computer, according to a sworn FBI affidavit in support of a criminal complaint.

The Marine veteran told family and friends he received the medal and certificate in the mail after requesting a copy of his military records, FBI Special Agent Mark Burgeson wrote in the affidavit.

Without his knowledge, Piotrowski's family arranged for California Department of Veterans Affairs Undersecretary Roger Brautigan to come to his Elk Grove home on an evening in 2007 and formally present the medal to him, according to the affidavit and JP Tremblay, deputy secretary of the department.

News of the presentation later appeared on the cover of the department's newsletter, and skeptical veterans urged the FBI to investigate.

Created in 1932, the Silver Star is the nation's third highest military decoration. Only the Medal of Honor and the Distinguished Service Cross are higher.

"It's the first time we've had anything like this happen," said Tremblay, speaking for the Veterans Affairs Department. "It insults those who really did earn these citations, and it's disheartening to all veterans and those of us who work with them."

The citation cites Piotrowski for "conspicuous gallantry" while leading his platoon, navigating for the battalion and controlling "supporting arms well forward of the lead elements throughout Operation Desert Storm." It says "he exposed himself to direct enemy fire" while providing cover for a team maneuvering to destroy an Iraqi tank.

"By his bold leadership, wise judgment, and complete dedication to duty, Cpl. Piotrowski reflected great credit upon himself and upheld the highest traditions of the Marine Corps and the United States Naval Service," the citation concludes.

Piotrowski forged the signature of Secretary of the Navy Henry L. Garrett III on it, according to the affidavit.

The Veterans Affairs newsletter reported that Brautigan "joined an excited and proud family in their home to surprise Piotrowski."

"I was deeply moved while reading Eric's citation …," the newsletter quoted Brautigan as saying.
Tremblay said Piotrowski's story was made more believable by the fact he was in the Marine Corps and did serve in the Middle East.

But Piotrowski, after first insisting he was entitled to the Silver Star when he was interviewed by FBI agents on March 17, confessed in a second interview on March 20 that he was back in the United States when Desert Storm commenced and "did not encounter any hostile action," according to Burgeson's affidavit.
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http://www.redding.com/news/2009/may/08/federal-agents-arrest-sacramento-area-police-offic/

Trooper Michael Studin Fined for Speeding 133mph

A Vermont State Police trooper has paid a $1,000 fine for driving at an excessive speed while on duty last October, according to the office of the state's Attorney General.

A state police investigation recently concluded trooper Michael Studin drove an unmarked, high performance vehicle on Interstate 91 in the town of Rockingham on Oct. 29, 2008.

He was clocked at 133 mph while on duty, but not responding to an emergency at the time.

Assistant Attorney General John Treadwell said the office was asked to review the initial investigation to make a determination on how to proceed.

The Vermont Attorney General's Office issued Studin a ticket for the maximum statutory penalty.

"This certainly suggests that people driving at excessive speeds will be held accountable," said Treadwell. "Clearly, there are reasons why (troopers) may need to respond to emergencies at high speeds," he said, but the law states it is only in these crisis situations.

"Law enforcement officers by law are authorized to exceed the speed limit on duty; however this exemption did not apply in this case," said Public Safety Commissioner Thomas R. Tremblay in a statement. "The speed that I witnessed in this matter was extremely unsafe and the trooper's judgment was not in line with the high standards expected of a Vermont state trooper."

A normal fine on a speeding ticket for traveling 133 mph in a posted 65 mph zone on the highway is $638.

"Trooper Studin has been held accountable and has accepted responsibility for his actions; he has my full support as he works to put this mistake behind him," said Tremblay. "In our country, more law enforcement officers are killed in traffic crashes than by armed adversaries. The safety of our troopers and the traveling public is obviously a high priority in our important public safety mission."

In a press statement from the state police, the VSP requested the Attorney General's office to conduct an investigation, and concurred with the issuing of a Vermont traffic complaint.

"While Vermont law allows police to exceed maximum speed limits, those exemptions did not apply in this case. The trooper's actions during this incident did not conform to the core values expected of a Vermont state trooper," said Major John Filipek, commander of the Field Force Division, in the press release.

The speeding ticket was paid Friday.
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http://www.boston.com/news/local/vermont/articles/2009/05/08/vt_trooper_fined_1000_for_133_mph_trip/

Detective Eugene Magwood Accused of Giving False Information


The State Law Enforcement Division on Thursday arrested a nine-year veteran of the Charleston County sheriff's office and accused him of forging a witness' lineup document and giving false information to the 9th Circuit solicitor's office about a 2006 rape case.

Detective Eugene Magwood, 54, of Johns Island, is charged with common law misconduct in office, a crime with a maximum penalty of 10 years in jail, said Mark Plowden, public information officer for the S.C. attorney general's office.

Magwood, who has been an investigator since 2001, was released on a personal recognizance bond and placed on administrative leave with pay, sheriff's Maj. John Clark said.

An arrest affidavit said Magwood provided false information in the form of a photo lineup. The accusation is that he forged a witness' signature or initials, Plowden said.

The affidavit said that in pre-trial meetings, "Magwood did knowingly and willfully provide false information to an Assistant Solicitor and an investigator for the Solicitor's Office regarding the investigation and the accompanying investigative report."

Citing the ongoing nature of the state's investigation, Plowden and Clark wouldn't reveal more details. Clark said the sheriff's office spotted discrepancies and reported them to solicitors and SLED.

"We did not like what we saw," Clark said.

Ninth Circuit Solicitor Scarlett Wilson, through a spokesman, declined to comment on the case because it involves solicitors who could be called as witnesses. It is not clear how, if it all, the arrest will affect the 2006 rape case or any other cases Magwood investigated.

Magwood could not be reached for comment. He had first been employed by the sheriff's office as a detention officer in 1998 and became a deputy in 2000, Clark said.

Officer Kimberly Whyley Being Sued for Breaking 88-year-old Mans Arm

An 88-year-old Kansas City, Missouri, man says a female cop broke his arm, and now he's suing the tiny Northland city of Oakview, population 387, for $5 million.

Oakview police officer Kimberly Whyley, 38, faces misdemeanor assault charges in the incident, which was captured on her patrol car's dash-cam. But for Theresa Forte, wife of alleged victim Phillip Forte, the criminal charge isn't enough.

"The policeman who brought him (Phillip) home was nice," said Theresa Forte. "And he said 'I had nothing to do with this now, Mrs. Forte'."

Theresa, who has been married to Phillip for 66 years, says she barely recognized him when he came home on February 12th.

"Well I saw Phil, full of blood and I said what happened?" said Theresa. "I thought he had an accident."

Phillip Forte is at a rehab center being treated because of a broken arm that Theresa says he suffered in the incident.

According to the lawsuit, Officer Whyley pulled the man over on North Oak Trafficway for driving with no headlights in the dark. The lawsuit alleges that Forte took his foot off the brake while his car was in neutral, causing the vehicle to roll backwards and accidentally hit the officer in her car while she was writing a ticket and causing Whyley to become enraged.

But Whyley's attorney, Bill Shull, contends that Forte was resisting arrest.

"Do you think she overreacted?," asked Shull. "I've seen the camera from the police car, I don't think she did."

Shull says that Forte resisted and fought Whyley while she kept telling him to turn over. Shull also says that Forte was driving on a suspended license and had been in an accident just an hour earlier in nearby Gladstone.

Theresa Forte says her husband isn't the fighting type, but that she is.

"I could've gone up there and knocked the hell out of her, that's my reaction," said Theresa.

Officer Whyley is on paid leave pending the outcome of the criminal case.
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http://www.kctv5.com/news/19407056/detail.html

Thursday, May 07, 2009

Trooper Barry Jacob Rowland Accused of Repeatedly Kicking Woman

HENRYETTA

A state trooper who was captured on video kicking a handcuffed woman faces a misdemeanor assault and battery charge.

Trooper Barry Jacob E. Rowland, 32, of Bixby has been placed on paid administrative leave pending the outcome of the charge against him, Oklahoma Highway Patrol Capt. Chris West said.

Rowland has been a trooper since May 2006.

He was charged March 3 in Okmulgee County District Court. He is accused of repeatedly kicking Dana Michelle Walls, 32, of Tulsa on Nov. 21 while she lay handcuffed on the ground outside Carolina's Trail Club in Henryetta.

Calls to Rowland and his attorney, Gary James, were not returned.

District Attorney Tom Giulioli said Walls didn't file a complaint against Rowland. The charge stems from allegations made by other officers who responded to a call for assistance at the club that night.

The Highway Patrol oversaw the investigation, which includes statements from other troopers and Henryetta and Dewar police officers.

Giulioli said video from Rowland's patrol car and another trooper's vehicle shows Rowland kicking Walls in the chest at least three times.

Rowland claims that Walls spit on him and was drunk. Walls is charged in Okmulgee County District Court with public intoxication and placing bodily fluid on an officer.

Walls told The Oklahoman that she doesn't recall how many times Rowland kicked her, but she woke up in the county jail the next morning with large bruises.

"I didn't file a complaint because I figured I wasn't the first person this had happened to," she said. "I doubt I'll be the last. Besides, he's a cop. I figured nothing would probably happen if I did" file a complaint.

She said she didn't spit on Rowland but remembers him asking her several times on the way to jail why she did it.

"I kept telling him, 'I didn't spit on you,' " Walls said.

Giulioli said the video doesn't show Walls spitting on Rowland.

West would not release the patrol video to The Oklahoman, saying it is part of an ongoing investigation.

If convicted of the misdemeanor assault, Rowland could face as much as 90 days in jail and be fined as much as $1,000.

If Walls is convicted of spitting on Rowland, a felony, she could be sentenced to as much as five years in prison.

Giulioli said there are strict statutes protecting law enforcement officers.

"It may not seem fair, but I'm not the one that makes the laws," he said. "Take that up with the state Legislature."

Walls spent nearly a week in the county jail before posting $250 bond. Jail officials have no record of Rowland being booked into jail, although Giulioli said he should have been.

Dog Owner Upset After Police Shoot His Dog

The Bartlesville police department is taking heat from a dog owner whose pit bull was killed yesterday.

The owner says police shot and killed the dog as it was running away. Police disagree. And, finding out what really happened could be hard to do.

The only thing agreed upon about this story is that it's about a dead dog. Whether or not he should have wound up that way is highly debatable.

The sidewalk is still stained with a blood trail that leads straight to controversy. Police Chief Tom Holland and dog owner Demetrius Morales have a tale of one dog from two different views.

Moose was a five-month-old pit bull, similar in color to one of Demetrius's other pits. Yesterday, Moose got out of the house, after which cops were called.

"Several neighbors were yelling be careful, he's vicious," Chief Holland says.

"My neighbors over here told them that dog's not aggressive, we play with him every day," says Demetrius.

Holland says the dog turned and came at both of the responding officers.

"Out of concern for their own safety, officers drew their weapons and the officer shot the dog in the shoulder," Holland says.

"Do you believe the officer?"

"No, I do not believe that officer," Morales said. "I have never showed my dogs how to be aggressive and they're not aggressive."

Holland says the department believes no police procedures were violated. But now, the controversial death of Moose might end up in court, where two views of what's right will be argued next.

"Get this officer either disciplined or he's gonna at least admit 'Okay I was wrong'," says Morales.

"Both of these are good officers," Holland says. "They did the right thing."

The controversy doesn't end there. Morales is upset that his dog's body was taken to the landfill. He says he wanted to bury his dog himself.

Detention Officer Jillian Lybarger Charged with Prostitution


PHOENIX

A 23-year-old Maricopa County Sheriff's Office detention officer has been arrested by Phoenix police and charged with prostitution in connection with a second wave of arrests in the Desert Divas case, said Sheriff Joe Arpaio.

Jillian Lybarger was placed on administrative leave shortly after Wednesday's arrest, Arpaio said.

She was booked into the Fourth Avenue Jail and was released on her own recognizance.

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Corrections Officer Ronald Martin Charged with Sexually Abusing Inmate

A correction officer at Franklin County Jail was charged Thursday with sexually abusing a female inmate.

Ronald S. Martin, 36, of St. Regis Falls was charged with second-degree sexual abuse and official misconduct.

State Police say the abuse occurred on April 10, while he was working as a correction officer at the County Jail and the woman was incarcerated there.

Sheriff Jack Pelkey said he suspended Martin without pay on April 30 and asked the State Police to conduct an investigation, which ended in the arrest Thursday.

The sheriff was careful with his comments so as not to jeopardize the investigation, but said two other women being held at the jail had complained about Martin’s actions toward the 24-year-old female.

“Two female inmates approached a guard and said something’s going on with a guard and another female,” said Pelkey.

“They thought his behavior was inappropriate for a correction officer and didn’t think it was right what he was doing to the other female.”

Pelkey said he could not elaborate on what Martin is accused of doing, saying only that it was alleged “sexual contact” with the woman.

If a woman is in jail, she cannot legally give consent to any sexual act, the sheriff noted.

Martin has been employed by the county since March 31, 2000, first as a per-diem correction officer and then a full-time employee as of Aug. 3, 2001, according to the county Personnel Office.

He was released without bail and is to appear in Town of Malone Court at 9 a.m. next Thursday.
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http://www.blogger.com/post-create.g?blogID=20294250

Former Deputy Charles Grady Jr Pleaded No Contest to Peeking at Womans Breast


FORT LAUDERDALE

It was the deputy's fixation with women's breasts that was his undoing.

It cost him his job. It cost him his state law-enforcement certification. And now it has cost him two misdemeanor convictions on his criminal record.

Former Broward Sheriff's Deputy Charles E. Grady Jr. pleaded no contest Thursday to accusations that he ogled women's breasts after traffic stops last year.

Abiding by the terms of a negotiated plea deal, County Court Judge Mary Rudd Robinson sentenced Grady to two years' probation and ordered that he undergo psychological evaluation.

Grady, 39, resigned from the Sheriff's Office on April 1, two days after prosecutors filed two misdemeanor battery charges related to incidents reported during drunken-driving traffic stops last September and December.

As required for the plea deal, Grady relinquished his state law-enforcement certification April 6. He had been with the agency for 12 years and worked with the DUI task force.

Looking thin, pale and downcast, Grady left the courtroom without comment Thursday after sentencing.

In court, prosecutor David Schulson recounted Grady's actions during the traffic stops.

He said that on Sept. 19, Grady was called out by another deputy to give a field sobriety test to a 38-year-old old Boca Raton woman after she was pulled over about 3 a.m. near the Solid Gold strip club where she worked as a dancer.

When Grady took her to a holding cell, Schulson said, Grady pulled her shirt away from her chest and stared at her breasts.

On Dec. 19, when Grady stopped a 20-year-old Coral Springs woman at 2:45 a.m., Schulson said, Grady reached through her open car window and pulled on her bra strap to jiggle her breasts.

The woman in the September incident attended the hearing. To protect her identity, the Sun Sentinel is not publishing her name.

Outside court, she said it was scary to have been taken advantage of by someone in authority.

"I do have a fear that there are more victims out there, but who didn't come forward," she said.

Each of the first-degree misdemeanors could have carried a maximum penalty of a year in jail.

"The primary goal was to remove him from law enforcement not only in the state of Florida, but throughout the country," Schulson said.

The guilty convictions on Grady's criminal record should ensure that, Schulson said.

Former Officer Jack Comeaux Accused of Choking Teen Unconscious

The former Rosebud police officer accused of choking a teenage boy to unconsciousness during a traffic stop has been released from the Falls County Jail on $5,000 bail.

Jack Comeaux, 61, was arrested Tuesday on a charge of aggravated assault by a public servant in connection with the Jan. 17 incident. He posted bail the same day.

Texas Rangers had confirmed in March that an investigation was under way into Comeaux’s actions at the traffic stop.

Rosebud Police Chief Tim Wells had said that at 12:30 a.m. Jan. 17, Comeaux responded to a call for backup from a Texas Department of Public Safety trooper who had encountered a truck with a blown tire north of Rosebud. The truck’s occupants told the trooper they had been assaulted during a fight earlier in the night, Wells had said.

Comeaux ordered the 17-year-old driver to remove his hands from his pockets, and the teen refused. Wells said the officer then choked him into unconsciousness. Comeaux later told Wells that he believed the teen had a gun in his pocket, Wells said.

The DPS trooper’s dashboard camera recorded the exchange.

Comeaux resigned from the department after the incident.

Comeaux told the Tribune-Herald that the video didn’t begin recording early enough to capture the teen’s growing belligerence.

Comeaux insisted the teen was not hurt, that he never lost consciousness and that the hold he used to pin the teen against the vehicle was a tactical restraint that applied no pressure to the teen’s neck.
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http://www.kwtx.com/home/headlines/44528747.html

Officer Evan Fardanesh Arrested for Drunk Driving and Battery


FOLSOM, CA

A Folsom police officer was arrested for suspected drunken driving and battery stemming from an altercation at a Mexican restaurant Saturday night.

Officer Evan Fardanesh, 34, was at the Mexquite restaurant on Blue Ravine Road when he got into an argument with a female patron, according to police spokeswoman Michelle Beattie. The patron called police to say Fardanesh had shoved her and when officers arrived they found Fardanesh trying to drive out of the parking lot.

Fardanesh was arrested with a blood alcohol content of .19 percent, more than double the legal limit. Officers also charged him with battery based on the complaint from the female patron.

Restaurant manager Claudia Vasquez witnessed the altercation and told News10 she was surprised it resulted in a criminal charge. But Beattie said it was not a judgment call made by the responding officers.

"No matter how minor or major, if the allegation of battery is made we are obligated to take the arrest if a citizen insists upon it," Beattie said.

Fardanesh has been with the Folsom Police Department for nine years and has been placed on paid administrative leave pending an internal affairs investigation. The criminal complaint has been forwarded to the Sacramento District Attorney.
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Retired Detective Antonio Buonanno Accused of Threatening His Daughter with Knife

A retired Cranston police detective is accused of threatening his 27-year-old daughter with a butcher knife.

Antonio Buonanno pleaded not guilty Thursday in District Court to a misdemeanor charge of domestic disorderly conduct.

A Cranston police report said Buonanno was having an argument with his daughter, Christine, at their home in Cranston and that Buonanno “pulled out a butcher’s knife” and threatened the woman.

The report said that a few minutes later, “Buonanno put on his shoulder gun holster and taunted Christine” in a hallway.

Police said Buonanno had a pistol tucked into the back of his pants.

Christine Buonnano told NBC 10 that her father didn’t threaten her and that “it’s a resolved issue between me and the family.“

Buonanno can be prosecuted without his daughter’s cooperation.

Deborah DeBare, the executive director of the Rhode Island Coalition Against Domestic Violence, said she is outraged by the use of a misdemeanor charge in cases like this.

“Unfortunately, it’s very common in domestic violence cases for first charges to result in a filing, which doesn’t even show up as a conviction on someone’s record,“ DeBare said.

DeBare said the coalition has been trying for several years to compel the General Assembly to include the domestic disorderly conduct charge penalties included in the stiffer mandatory penalities for domestic violence charges.

But sources tell NBC 10 that defense attorneys, the legislature and the American Civil Liberities Union oppose the legislation.
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http://www.wpri.com/dpp/news/local_news/local_wpri_warwick_retired_cranston_sergeant_anthony_buonanno_charged_20090507_nek