A Holden Beach police officer was arrested Thursday and charged with driving his patrol car while impaired.
Kendal Roy Smith, a 42-year-old lieutenant with the Holden Beach Police Department, was arrested in Shallotte about 7 p.m. Thursday after pulling out of a parking lot at a high speed and out of control, according to the arrest report. Smith was driving a 2008 Ford Crown Victoria patrol car.
“The suspect was very impaired,” the report reads.
Smith, of 329 Paul’s Trail in Shallotte, has a court hearing scheduled on Aug. 6.
It wasn’t immediately clear what Smith’s status was with the Holden Beach Police. Chief Wally Layne has not yet returned a phone message seeking comment.
Friday, July 10, 2009
Thursday, July 09, 2009
Lt Willie Durrett Arrested for Hitting Daughter with Fishing Rod
A DeKalb County police lieutenant was arrested after officials said he hit his teenage daughter with a fishing rod.
Henry County officials said they responded to a domestic disturbance call at a Stockbridge home late Monday night.
Police said Lt. Willie Durrett, who was wearing his uniform and was on duty at the time, stopped by the house to drop off a birthday present for his son.
Durrett told officials he attempted to talk to his 16-year-old daughter after she disrespected him, but she slammed a door on his arm. He pushed open the door, causing her to fall back. Durrett said when his daughter grabbed a fishing rod, he took it from her and hit her with it.
The teen had lacerations on both arms and her lower back, according to officers on the scene.
Durrett was charged with battery, cruelty to children 1st degree and cruelty to children 2nd degree.
Durrett has been placed on administrative leave, according to Mekka Parish with the DeKalb County Police Department.
Henry County officials said they responded to a domestic disturbance call at a Stockbridge home late Monday night.
Police said Lt. Willie Durrett, who was wearing his uniform and was on duty at the time, stopped by the house to drop off a birthday present for his son.
Durrett told officials he attempted to talk to his 16-year-old daughter after she disrespected him, but she slammed a door on his arm. He pushed open the door, causing her to fall back. Durrett said when his daughter grabbed a fishing rod, he took it from her and hit her with it.
The teen had lacerations on both arms and her lower back, according to officers on the scene.
Durrett was charged with battery, cruelty to children 1st degree and cruelty to children 2nd degree.
Durrett has been placed on administrative leave, according to Mekka Parish with the DeKalb County Police Department.
Officer Dennis Byrne Arrested for Beating Man
The Sandwich police officer accused of beating a man so severely he required 37 stitches to his face has a history of threatening the alleged victim, according to police reports.
Accompanied by attorney Jens Bahrawy and an unidentified woman, Sandwich police Officer Dennis Byrne pleaded not guilty to a charge of assault and battery with a dangerous weapon (blunt object) in Barnstable District Court yesterday.
Byrne, 38, has a "long history of conflict due to an ongoing relationship between Byrne's wife ... and (the alleged victim)," a police report states. The alleged victim told police Byrne's wife is a battered woman, adding that "Byrne is unstable and that he will eventually kill (his wife)."
The Sandwich officer has been on paid administrative leave since the morning the incident was reported. Byrne is due back in court for a pretrial hearing July 21.
On June 16 at about 10 p.m., Byrne's wife visited the alleged victim at his Route 6A home. Hours later during the early morning of June 17, Byrne arrived at the home and was invited inside, according to police.
According to a police report, the alleged victim eventually asked Byrne to leave his house but Byrne refused. Byrne then attacked the man after he had turned his back, striking him in the face multiple times, according to police.
Byrne's wife reportedly witnessed the alleged assault and called the state police barracks in Middleboro from a cell phone.
Although police could not identify the weapon used in the incident, the alleged victim said it looked like a dowel or roll of quarters. The man told police Byrne continued to hit him while he was down on the ground using the sides of his fists.
"(The alleged victim) also stated that Byrne would constantly tell (him) that he couldn't do anything about it because he was a cop," according to the police report.
When police asked the alleged victim whether the violent encounter was an isolated incident, the man said he had lost count of how many times Byrne had threatened to kill him. The man also said Byrne was often in uniform while making the alleged threats.
Police said the alleged victim also has voice mail recordings of Byrne identifying himself and making threats.
Byrne, his unidentified female companion and his attorney did not answer questions on their way out of the courthouse yesterday. If convicted of the felony charge, Byrne could face up to 2½ years in the Barnstable County Correctional Facility.
Byrne is on paid administrative leave pending an upcoming disciplinary hearing. Sandwich police Chief Michael Miller did not return a phone message yesterday seeking comment on the status of that hearing. Byrne earns $61,000 per year in regular pay, according to town records, and has been an officer in Sandwich for 10 years.
Accompanied by attorney Jens Bahrawy and an unidentified woman, Sandwich police Officer Dennis Byrne pleaded not guilty to a charge of assault and battery with a dangerous weapon (blunt object) in Barnstable District Court yesterday.
Byrne, 38, has a "long history of conflict due to an ongoing relationship between Byrne's wife ... and (the alleged victim)," a police report states. The alleged victim told police Byrne's wife is a battered woman, adding that "Byrne is unstable and that he will eventually kill (his wife)."
The Sandwich officer has been on paid administrative leave since the morning the incident was reported. Byrne is due back in court for a pretrial hearing July 21.
On June 16 at about 10 p.m., Byrne's wife visited the alleged victim at his Route 6A home. Hours later during the early morning of June 17, Byrne arrived at the home and was invited inside, according to police.
According to a police report, the alleged victim eventually asked Byrne to leave his house but Byrne refused. Byrne then attacked the man after he had turned his back, striking him in the face multiple times, according to police.
Byrne's wife reportedly witnessed the alleged assault and called the state police barracks in Middleboro from a cell phone.
Although police could not identify the weapon used in the incident, the alleged victim said it looked like a dowel or roll of quarters. The man told police Byrne continued to hit him while he was down on the ground using the sides of his fists.
"(The alleged victim) also stated that Byrne would constantly tell (him) that he couldn't do anything about it because he was a cop," according to the police report.
When police asked the alleged victim whether the violent encounter was an isolated incident, the man said he had lost count of how many times Byrne had threatened to kill him. The man also said Byrne was often in uniform while making the alleged threats.
Police said the alleged victim also has voice mail recordings of Byrne identifying himself and making threats.
Byrne, his unidentified female companion and his attorney did not answer questions on their way out of the courthouse yesterday. If convicted of the felony charge, Byrne could face up to 2½ years in the Barnstable County Correctional Facility.
Byrne is on paid administrative leave pending an upcoming disciplinary hearing. Sandwich police Chief Michael Miller did not return a phone message yesterday seeking comment on the status of that hearing. Byrne earns $61,000 per year in regular pay, according to town records, and has been an officer in Sandwich for 10 years.
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Family Paid $2.4 Million After Stanley Harlan Dies from Being Tasered
A Missouri municipality has agreed to pay $2.4 million to the family of a man who died after police shocked him several times with a Taser. The local police police department also agreed to suspend use of the controversial stun guns, which have been linked to hundreds of deaths nationwide by Amnesty International.
The Taser lawsuit settlement resolves a complaint filed against the city of Moberly over the death of Stanley Harlan, who was struck with a Taser three times for resisting attempts to handcuff him following a stop for suspected drunk driving. Harlan lost consciousness after being jolted with the stun gun and died a short time later.
Insurance coverage for the city will pay $2.4 million to Harlan’s family, including his infant son, as a result of the alleged police brutality and excessive use of force. City officials also agreed to enforce a moratorium on Taser use by the Moberly Police Department. In addition, Moberly police will be trained to recognize and respond to medical distress situations, and the city will provide at least one on-duty patrol unit with an automatic external defibrillator.
Taser guns are designed to incapacitate neuromuscular functions by delivering an electrical shock. Many law enforcement agencies use the weapons as an alternative to lethal force in situations where suspects pose a threat.
The city did not admit fault as part of the settlement, and no criminal charges have been filed against police officers. An investigation by the Missouri State Highway Patrol and the FBI found no evidence of criminal wrongdoing.
Last year, Amnesty International called for a police departments throughout the United States to stop using Taser guns or strictly limit their use to life-threatening situations. A report released last December by the human rights group linked 334 deaths to the use of Taser guns between 2001 and August 2008. Amnesty noted that 90% of the Taser deaths examined involved people who were unarmed and did not appear to present a serious threat to the officers. A large number of the fatalities involved misuse of the weapons, including multiple Taser shocks or exposing suspects to prolonged shocks.
Taser International, which manufactures the controversial stun guns, has maintained that the weapons are safe and non-lethal devices. They were not a party to the lawsuit or the settlement.
Teen Girl Tasered in Head
The use of tasers by law enforcement is becoming increasingly controversial as more examples emerge of them being used improperly and causing victims serious harm. This New Mexico teen was arguing with her mother, so her mother brought her to a police station to get help (it's unclear what kind of argument they could have been having that would warrant police intervention).
The girl ran off and the police chief chased her and ordered her to stop. When she didn't, he tasered her in the head. The giant scar and stitches in the teen's head show the tasering was terribly brutal, and it's difficult to see how this could in any way be justified.
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Information and Video: http://vivirlatino.com/2009/07/08/girl-tasered-in-new-mexico.php
The girl ran off and the police chief chased her and ordered her to stop. When she didn't, he tasered her in the head. The giant scar and stitches in the teen's head show the tasering was terribly brutal, and it's difficult to see how this could in any way be justified.
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Information and Video: http://vivirlatino.com/2009/07/08/girl-tasered-in-new-mexico.php
Wednesday, July 08, 2009
Officer Michael Percival Arrested for Domestic Violence
An Olathe police officer, Michael Percival, 44, is facing two counts of domestic violence and two counts of third-degree assault in what appears to be years of physical and mental abuse.
An affidavit supporting Percival’s arrest on June 26 claims that for four years, Percival beat his girlfriend, Elisha Cabrera, 42, on a regular basis.
The arrest affidavit states that Cabrera signed contracts given to her by Percival that dictated her behavior. If she failed to please Percival, he would punish her mildly by making her stand in a corner, or severely by spanking her bare buttocks repeatedly with a belt or other object.
Both Percival and Cabrera were arrested for domestic violence on June 24, but the extent of the alleged abuse against Cabrera was not known until she was accompanied to the restroom by a female officer who saw her injuries, which were then photographed.
The abuse took on even worse proportions, according to the affidavit, in that Cabrera was often forced to utter “thank you” each time she was hit to avoid further beatings.
The arrest affidavit, signed by Investigator David Harrison of the Montrose County Sheriff’s Office, reads, in part, about “punishment” administered on June 15 and 16. Cabrera told Deputy Monique Salido that the last beatings were punishment because she asked why she and her daughter were not invited to go on a fishing trip with Percival and his children.
Percival became angry at the question, according to the affidavit, and when he came home made Cabrera strip from the waist down, bend over the bed, and gave her 25 lashes with his police issue belt.
“Cabrera said she had to count each lashing and tell him ‘thank you’ after each strike and if she failed to count or miscounted, Percival would start over from the beginning…” the affidavit states. The next day, Cabrera was hit 25 more times until she “…had received her full measure of punishment.”
After the last beating, Cabrera said she had had enough. She said, according to the affidavit, that the beatings were painful but she allowed them because she loved Percival.
Olathe Police Chief Rick Hawk did not return messages left for him earlier this week.
Percival was released from the Montrose County jail after posting bond of $2,500 the day after he was arrested.
An affidavit supporting Percival’s arrest on June 26 claims that for four years, Percival beat his girlfriend, Elisha Cabrera, 42, on a regular basis.
The arrest affidavit states that Cabrera signed contracts given to her by Percival that dictated her behavior. If she failed to please Percival, he would punish her mildly by making her stand in a corner, or severely by spanking her bare buttocks repeatedly with a belt or other object.
Both Percival and Cabrera were arrested for domestic violence on June 24, but the extent of the alleged abuse against Cabrera was not known until she was accompanied to the restroom by a female officer who saw her injuries, which were then photographed.
The abuse took on even worse proportions, according to the affidavit, in that Cabrera was often forced to utter “thank you” each time she was hit to avoid further beatings.
The arrest affidavit, signed by Investigator David Harrison of the Montrose County Sheriff’s Office, reads, in part, about “punishment” administered on June 15 and 16. Cabrera told Deputy Monique Salido that the last beatings were punishment because she asked why she and her daughter were not invited to go on a fishing trip with Percival and his children.
Percival became angry at the question, according to the affidavit, and when he came home made Cabrera strip from the waist down, bend over the bed, and gave her 25 lashes with his police issue belt.
“Cabrera said she had to count each lashing and tell him ‘thank you’ after each strike and if she failed to count or miscounted, Percival would start over from the beginning…” the affidavit states. The next day, Cabrera was hit 25 more times until she “…had received her full measure of punishment.”
After the last beating, Cabrera said she had had enough. She said, according to the affidavit, that the beatings were painful but she allowed them because she loved Percival.
Olathe Police Chief Rick Hawk did not return messages left for him earlier this week.
Percival was released from the Montrose County jail after posting bond of $2,500 the day after he was arrested.
Former Chief Robert Holmes Indicted for Child Sexual Assault
A former police chief in New Jersey has been indicted on child sexual assault charges.
The indictment handed up Wednesday by a Monmouth County grand jury alleges that 61-year-old Robert Holmes sexually assaulted the female victim between April 2005 and March 2007, while she was between the ages of 12 and 14.
Holmes served as chief in Marlboro Township from 1998 until he retired in January.
Prosecutors say Holmes provided alcohol to the child and assaulted her at his home.
Holmes' lawyer, Norman Hobbie, said his client was shocked by the allegations and denies any wrongdoing.
Bail was set at $100,000 pending an arraignment, which has not been scheduled. _______________________
The indictment handed up Wednesday by a Monmouth County grand jury alleges that 61-year-old Robert Holmes sexually assaulted the female victim between April 2005 and March 2007, while she was between the ages of 12 and 14.
Holmes served as chief in Marlboro Township from 1998 until he retired in January.
Prosecutors say Holmes provided alcohol to the child and assaulted her at his home.
Holmes' lawyer, Norman Hobbie, said his client was shocked by the allegations and denies any wrongdoing.
Bail was set at $100,000 pending an arraignment, which has not been scheduled. _______________________
Hearing for Sgt Eric Downey Charged with Battery has Been Delayed
The hearing for a South Bend police officer charged with battery and operating motor vehicle while intoxicated has been delayed.
A hearing for Sgt. Eric Downey that was scheduled for Tuesday was postponed until 8 a.m. July 29.
Downey was arrested May 20 after officers were called to his home by his wife, who alleged abuse. Police said Downey later arrived home drunk while officers were at his home.
Downey has disputed both charges in interviews with The Tribune.
The officer remains on administrative leave with pay.
A hearing for Sgt. Eric Downey that was scheduled for Tuesday was postponed until 8 a.m. July 29.
Downey was arrested May 20 after officers were called to his home by his wife, who alleged abuse. Police said Downey later arrived home drunk while officers were at his home.
Downey has disputed both charges in interviews with The Tribune.
The officer remains on administrative leave with pay.
Officer Daniel Murray Arrested for Rape & Molesting 15-year-old
A Minden, Louisiana police officer is now on the other side of a jail cell.
Officer First Class Daniel Murray was arrested after reports that he allegedly raped and molested a 15-year-old friend of the family.
On Monday, the Minden City Council unanimously voted to terminate Murray.
Murray had been on paid leave since January when an investigation began into the sexual assault allegations.
That changed back on June 19th to leave without pay following a Webster Parish grand jury indictment.
Murray is currently being held in the Webster Parish Jail on a $400,000 bond.
Officer Melbourne Hunnicutt Arrested for Viewing Porn While on Duty
Huntington police officer Melbourne Hunnicutt is on a suspended leave without pay while the city's Board of Public Works and Safety reviews charges brought against him.
"My recommendation is the termination of Officer Hunnicutt from the police department," Chief Tom Emely said.
In June, Emely presented the board of works with a "Notice of Chief's Charges." In the document, he said Hunnicutt repeatedly used department computers while on duty "for the purpose of accessing Web sites, pornographic in nature, which were not job-related and not authorized by Department of City of Huntington policy."
"The city and police department has a policy that does not allow access to that type of information unless it's conducted in an investigation in normal performance of duties," Emely said.
Hunnicutt allegedly searched for porn from May 24 through June 14.
"Where the computer was, one of our other officers happened to notice some things on the computer that were inappropriate and we conduced an investigation from that point on," Emely said.
In the chief's charges, Hunnicutt was accused of neglect of duty and conduct unbecoming of an officer. The board suspended Hunnicutt on June 23rd and set a decision date of July 20. Hunnicutt had until June 30 to request a hearing, which his lawyer did, according to Huntington City Attorney John Branham.
Branham told NewsChannel 15 Hunnicutt requested a full hearing before the board of works. In that hearing, Hunnicutt can challenge the allegations against him and/or the termination recommendation. Chief Emely will also present his side.
A date for the hearing hasn't been set yet, but Branham doesn't expect it to happen before August 15.
Hunnicutt had been with the department for about 18 years and was most recently a detective. The recent allegations, Emely said, have shaken the department.
"It's mixed emotions and disbelief that someone would do that. Some disappointment also," Emely said.
Hunnicutt and his lawyer couldn't be reached for comment on Wednesday.
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http://www.indianasnewscenter.com/news/local/50316687.html
"My recommendation is the termination of Officer Hunnicutt from the police department," Chief Tom Emely said.
In June, Emely presented the board of works with a "Notice of Chief's Charges." In the document, he said Hunnicutt repeatedly used department computers while on duty "for the purpose of accessing Web sites, pornographic in nature, which were not job-related and not authorized by Department of City of Huntington policy."
"The city and police department has a policy that does not allow access to that type of information unless it's conducted in an investigation in normal performance of duties," Emely said.
Hunnicutt allegedly searched for porn from May 24 through June 14.
"Where the computer was, one of our other officers happened to notice some things on the computer that were inappropriate and we conduced an investigation from that point on," Emely said.
In the chief's charges, Hunnicutt was accused of neglect of duty and conduct unbecoming of an officer. The board suspended Hunnicutt on June 23rd and set a decision date of July 20. Hunnicutt had until June 30 to request a hearing, which his lawyer did, according to Huntington City Attorney John Branham.
Branham told NewsChannel 15 Hunnicutt requested a full hearing before the board of works. In that hearing, Hunnicutt can challenge the allegations against him and/or the termination recommendation. Chief Emely will also present his side.
A date for the hearing hasn't been set yet, but Branham doesn't expect it to happen before August 15.
Hunnicutt had been with the department for about 18 years and was most recently a detective. The recent allegations, Emely said, have shaken the department.
"It's mixed emotions and disbelief that someone would do that. Some disappointment also," Emely said.
Hunnicutt and his lawyer couldn't be reached for comment on Wednesday.
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http://www.indianasnewscenter.com/news/local/50316687.html
Officer Shea Brown Arrested for Tampering with Evidence
The person arrested following an investigation into missing evidence turned out to be...a police officer.
Officer Shea Brown was arrested by the Columbia County Sheriff's Office on a felony warrant issued by the State Attorney's Office for tampering with evidence.
This warrant was issued after the Florida Department of Law Enforcement conducted an investigation on some missing evidence from the Lake City Police Department.
Brown turned herself in and she was booked at the Columbia County Detention Center. Bond was set at $5,000. She bonded out of jail and was placed on administrative leave without pay by the Lake City Police Department. The department is conducting its own internal investigation.
Officer Shea Brown was arrested by the Columbia County Sheriff's Office on a felony warrant issued by the State Attorney's Office for tampering with evidence.
This warrant was issued after the Florida Department of Law Enforcement conducted an investigation on some missing evidence from the Lake City Police Department.
Brown turned herself in and she was booked at the Columbia County Detention Center. Bond was set at $5,000. She bonded out of jail and was placed on administrative leave without pay by the Lake City Police Department. The department is conducting its own internal investigation.
Officer Alex Alvarez Arrested for Drunk Driving
Police arrested one of their own Sunday night, charging an off-duty officer with drunk driving after he crashed into a parked car.
Alex Alvarez apparently argued with the manager of Chili's Grill & Bar on Nolana, refused to wait for a taxi that had been called and then backed into the same manager's truck just after 10 p.m. Sunday, according to police records.
The 39-year-old Alvarez was arraigned in McAllen Municipal Court on Monday and released on a $5,000 personal recognizance bond. He has been suspended without pay until the criminal charges are resolved, said McAllen police Chief Victor Rodriguez.
"In our business, these kinds of matters have the potential to have very, very serious consequences," Rodriguez said. "The outcome of last night may determine his future."
Aside from the criminal charges he is facing, Alvarez could lose his job and be stripped by the Texas Commission on Law Enforcement Officer Standards of Education of his license to be a police officer, Rodriguez said.
"(Alvarez) has been a ... good officer for us," Rodriguez said. "We've been lucky to have his services; however, you have what happened last night."
A 14-year veteran of the force, Alvarez repeatedly asked officers to let him drive home when they arrived Sunday night. Officers found Alvarez behind the wheel of his Ford truck, a red security steering wheel lock still clamped on the steering wheel, according to police records.
Witnesses and Chili's employees told police that Alvarez had been bothering four female customers and had to be escorted from the table. A manager at the restaurant said that Alvarez was "too intoxicated" to drive home, so he called a taxi, according to the records.
When the manager tried to stall Alvarez until the taxi arrived, Alvarez apparently stripped a pair of glasses from the manager's head and threw them to the floor.
A security camera in the parking lot then captured Alvarez get into his truck and back into the other vehicle, according to police records. Police suspect that he forgot to remove the security lock from the steering wheel before backing up, according to the records.
Alvarez refused to take a Breathlyzer tests and refused other sobriety tests once at the police station. When officers arrived at the scene, Alvarez said he couldn't remember "doing anything to the manager" and he repeatedly asked officers to let him drive home.
But after officers recounted what witnesses described, Alvarez apologized to officers for putting them in the precarious situation of arresting a fellow policeman, according to the records.
"(Alvarez said) that we should do what we had to do and that it was all his fault," according to the report. "(Alvarez said) that he did not want us to get in trouble for his actions."
Alex Alvarez apparently argued with the manager of Chili's Grill & Bar on Nolana, refused to wait for a taxi that had been called and then backed into the same manager's truck just after 10 p.m. Sunday, according to police records.
The 39-year-old Alvarez was arraigned in McAllen Municipal Court on Monday and released on a $5,000 personal recognizance bond. He has been suspended without pay until the criminal charges are resolved, said McAllen police Chief Victor Rodriguez.
"In our business, these kinds of matters have the potential to have very, very serious consequences," Rodriguez said. "The outcome of last night may determine his future."
Aside from the criminal charges he is facing, Alvarez could lose his job and be stripped by the Texas Commission on Law Enforcement Officer Standards of Education of his license to be a police officer, Rodriguez said.
"(Alvarez) has been a ... good officer for us," Rodriguez said. "We've been lucky to have his services; however, you have what happened last night."
A 14-year veteran of the force, Alvarez repeatedly asked officers to let him drive home when they arrived Sunday night. Officers found Alvarez behind the wheel of his Ford truck, a red security steering wheel lock still clamped on the steering wheel, according to police records.
Witnesses and Chili's employees told police that Alvarez had been bothering four female customers and had to be escorted from the table. A manager at the restaurant said that Alvarez was "too intoxicated" to drive home, so he called a taxi, according to the records.
When the manager tried to stall Alvarez until the taxi arrived, Alvarez apparently stripped a pair of glasses from the manager's head and threw them to the floor.
A security camera in the parking lot then captured Alvarez get into his truck and back into the other vehicle, according to police records. Police suspect that he forgot to remove the security lock from the steering wheel before backing up, according to the records.
Alvarez refused to take a Breathlyzer tests and refused other sobriety tests once at the police station. When officers arrived at the scene, Alvarez said he couldn't remember "doing anything to the manager" and he repeatedly asked officers to let him drive home.
But after officers recounted what witnesses described, Alvarez apologized to officers for putting them in the precarious situation of arresting a fellow policeman, according to the records.
"(Alvarez said) that we should do what we had to do and that it was all his fault," according to the report. "(Alvarez said) that he did not want us to get in trouble for his actions."
Trooper Ephraim Montemayor Arrested for Domestic Violence
HARLINGEN
Police arrested a Department of Public Safety trooper on a misdemeanor charge of assault/family violence Monday night.
DPS spokeswoman Tela Mange identified the trooper as Ephraim Montemayor. She said he is 30 years old and has been a DPS trooper since 2000.
Montemayor has been suspended with pay pending the outcome of an internal investigation, she said from the Austin DPS headquarters.
Montemayor was not in uniform when he was arrested, Mange said, but she would not say that he was off duty at the time.
Because HPD was in the process of moving into the new station, the records computers were not operating all day, Osborne said.
Jail lists and incident logs were unavailable all day Tuesday, Sergeant John Parrish said.
Osborne said that he did not know the time or circumstances of the trooper's arrest and that the information will be available today when the station opens.
The trooper, Osborne said, has been released on bond but he did not know the amount.
HPD responded to the incident from a 9-1-1 call, Osborne said, but could not release the caller's name.
Osborne said that it is customary to segregate any law enforcement officer taken into custody from other prisoners in the city jail, which was done in this case.
"Anytime a law enforcement officer is taken into custody, we would definitely be concerned about him showing up in uniform in a jail section with other prisoners," Osborne said. "There is always a call to worry about the safety of all prisoners. It wouldn't be just for police officers."
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http://www.brownsvilleherald.com/news/montemayor-99760-report-police.html
Police arrested a Department of Public Safety trooper on a misdemeanor charge of assault/family violence Monday night.
DPS spokeswoman Tela Mange identified the trooper as Ephraim Montemayor. She said he is 30 years old and has been a DPS trooper since 2000.
Montemayor has been suspended with pay pending the outcome of an internal investigation, she said from the Austin DPS headquarters.
Montemayor was not in uniform when he was arrested, Mange said, but she would not say that he was off duty at the time.
Because HPD was in the process of moving into the new station, the records computers were not operating all day, Osborne said.
Jail lists and incident logs were unavailable all day Tuesday, Sergeant John Parrish said.
Osborne said that he did not know the time or circumstances of the trooper's arrest and that the information will be available today when the station opens.
The trooper, Osborne said, has been released on bond but he did not know the amount.
HPD responded to the incident from a 9-1-1 call, Osborne said, but could not release the caller's name.
Osborne said that it is customary to segregate any law enforcement officer taken into custody from other prisoners in the city jail, which was done in this case.
"Anytime a law enforcement officer is taken into custody, we would definitely be concerned about him showing up in uniform in a jail section with other prisoners," Osborne said. "There is always a call to worry about the safety of all prisoners. It wouldn't be just for police officers."
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http://www.brownsvilleherald.com/news/montemayor-99760-report-police.html
Tangipahoa Parish sheriff's deputy Kevin Whittington is behind bars after being arrested for possession of crack cocaine.
Whittington, 44, was arrested Monday after he allegedly accepted 24 grams of crack and a cell phone intended for an inmate at the parish jail.
If convicted, he could face a maximum penalty of 40 years in prison and a $2 million fine.
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http://www.wwltv.com/local/stories/wwl070709cbtangideputy.1a5301d4.html
Tuesday, July 07, 2009
Cpl Antonio Lopez Likely to be Fired After Pepper Spraying Man
A Dallas police officer is likely to be fired as soon as next week after an internal investigation concluded that he repeatedly lied about an incident in which a man was taken to West Dallas, doused with pepper spray and then left there.
A rookie police officer also is facing discipline over not immediately reporting the August 2008 incident to supervisors. The rookie, Officer John Hoover, later told detectives that a third officer had intentionally used pepper spray on the man and they concocted a story that the canister had malfunctioned.
Senior Cpl. Antonio Lopez, the 36-year-old officer who may be fired, declined to comment Tuesday, but wrote in a statement to internal investigators: "I was not untruthful while conducting official police business."
Senior Cpl. Michael Loeb, the 31-year-old officer accused of dousing 19-year-old Michael Reyes with pepper spray, could not be reached for comment. His internal affairs case is pending.
Responding to call
Early on Aug. 26, 2008, Loeb in his patrol car, and Lopez and Hoover in their car responded to a call on Walnut Hill Lane in northwest Dallas in which an elderly man reported that a stranger knocked on his door and demanded money.
The officers found Reyes in the area but decided they didn't have evidence of a crime and released him.
George Gaytan, a neighbor, wrote in a statement to investigators that Lopez told Reyes, " 'If y'all hurt this man or this old man, I'm going to come back and kill you and kill your gang members.' "
Lopez wrote that they agreed to give Reyes a ride in the car driven by Hoover. Loeb followed in his patrol car.
Lopez told investigators that Reyes requested that they drop him off at a West Dallas carwash. Once there, Lopez and Loeb told investigators, Loeb's paper spray canister malfunctioned, and the officers and Reyes were sprayed.
Different account
But Hoover and Reyes gave a different account: Lopez ordered Reyes out of their squad car and threw Reyes' cellphone and wallet to the ground.
As Lopez and Hoover were leaving, Lopez asked Reyes if he wanted a ride, Hoover said. Reyes responded with an obscene hand gesture. Hoover, the rookie who initially backed up the veteran officers' account, later told police investigators that as he and Lopez left, he saw Loeb get out of his car.
Hoover told investigators that the other officers turned around and that he then saw Loeb intentionally spray Reyes without provocation.
"I saw the suspect on the ground and Mike with his pepper spray out and a cloud of pepper spray near the suspect," he wrote. "As we pulled up, the suspect was able to get up and move a few feet before falling back to the ground with Loeb right next to him. Loeb then gave him another spray of pepper spray."
Loeb then threw the canister at Reyes, Hoover told investigators. Hoover said the officers then left. Reyes walked to a nearby gas station and called 911.
The officers later met up at a convenience store where Loeb and Lopez came up with their account, Hoover said.
"I did not notify a Sgt. of this incident because I was scared and I feared retaliation," he wrote.
In a written statement, Lopez attributed the difference in the accounts to Hoover's rookie status: "Rookie officers interpret and see things differently than more mature veteran officers."
In February, a grand jury declined to indict Loeb and Lopez after Reyes refused to cooperate further.
Detroit Officer Arrested for Stealing Reward Money
A Detroit police officer has been arrested, accused of stealing reward money from a program designed to stop auto theft.
The name of the 14-year police veteran is not being released until he's formally charged.
Police said the officer worked the car theft beat for DPD and used insider knowledge to defraud the HEAT reward program.
HEAT stands for Help Eliminate Auto Thefts and is based in Livonia. The program is funded by insurance agencies and rewards residents for turning in car thieves.
Investigators said the officer would create a fictitious tipster and report information to HEAT, on cases that he oversaw, to collect cash.
Rescue 4 spoke to Detroiters who were angry that a police officer is accused of using his job as a tool to make extra money.
“That most definitely would bother me because that’s doing the wrong thing. Let’s try to build Detroit up not tear it down,” said Amy Tillman.
“It’s not surprising but it’s disappointing. You hope the right person does the right thing but I guess you don’t get that all the time,” said Sean Mayfield.
DPD’s Internal Affairs got a tip of their own that the officer was using his position to steal money from HEAT.
After an investigation, internal affairs arrested the officer. The officer’s identity will be revealed Wednesday morning in a Livonia courtroom.
The name of the 14-year police veteran is not being released until he's formally charged.
Police said the officer worked the car theft beat for DPD and used insider knowledge to defraud the HEAT reward program.
HEAT stands for Help Eliminate Auto Thefts and is based in Livonia. The program is funded by insurance agencies and rewards residents for turning in car thieves.
Investigators said the officer would create a fictitious tipster and report information to HEAT, on cases that he oversaw, to collect cash.
Rescue 4 spoke to Detroiters who were angry that a police officer is accused of using his job as a tool to make extra money.
“That most definitely would bother me because that’s doing the wrong thing. Let’s try to build Detroit up not tear it down,” said Amy Tillman.
“It’s not surprising but it’s disappointing. You hope the right person does the right thing but I guess you don’t get that all the time,” said Sean Mayfield.
DPD’s Internal Affairs got a tip of their own that the officer was using his position to steal money from HEAT.
After an investigation, internal affairs arrested the officer. The officer’s identity will be revealed Wednesday morning in a Livonia courtroom.
Officer Thurman Hathaway Arrested for Unauthorized Use of Database
Police and city officials in Cochran are scheduled to meet today to discuss the employment of a Cochran police officer charged with criminal trespass and violating the rules and regulations associated with the Georgia Crime Information Center database.
Thurman Hathaway, 38, of Cochran, was arrested Wednesday following a GBI investigation, said Todd Lowery, assistant special agent in charge of the GBI’s Eastman office. Authorities say Hathaway is accused of calling in the tag number of a male friend of a former female friend for personal reasons and checking the number against the GCIC database.
Lowery said the database contains vehicle registration information, information about wanted individuals and other information used by law enforcement during criminal investigations.
It’s illegal to access the database without a legitimate law enforcement purpose, he said.
The criminal trespass charge is based on Hathaway calling in the tag number from the woman’s residence, Lowery said.
Bleckley County Sheriff’s Office Lt. Daniel Cape said the case was forwarded to the GBI after someone reported Hathaway’s actions by calling dispatchers.
Cochran Police Chief Jon Thrower said Hathaway was placed on leave without pay following his arrest. He described Hathaway as having a “lifelong” career in corrections and law enforcement. Hathaway has been a Cochran police officer for about three and a half years, Thrower said.
“We were shocked when this happened,” Thrower said. He’s always done a good job as a police officer.”
Hathaway was released on $5,100 bond Wednesday, Cape said.
Officer Keith Buckley Indicted for Failing to Perform his Duties
NEW BRUNSWICK, N.J.
A grand jury in Middlesex County has indicted a North Brunswick police lieutenant on official misconduct charges in a car crash that claimed the life of a fellow officer.
Tuesday's indictment charges Keith Buckley with failing to perform his duties while behind the wheel of a rented 2006 Dodge Viper that crashed into a utility pole at high speed, killing Lt. Christopher Zerby.
It also alleges that he took off his gun and handcuffs before getting in the car, leaving him unable to perform his job.
Buckley earlier was indicted on a charge of vehicular homicide. He has pleaded not guilty, and his lawyer, Robert Gluck, says he is also innocent of the new charges.
The crash occurred on Aug. 12, 2008. Buckley escaped serious injury.
A grand jury in Middlesex County has indicted a North Brunswick police lieutenant on official misconduct charges in a car crash that claimed the life of a fellow officer.
Tuesday's indictment charges Keith Buckley with failing to perform his duties while behind the wheel of a rented 2006 Dodge Viper that crashed into a utility pole at high speed, killing Lt. Christopher Zerby.
It also alleges that he took off his gun and handcuffs before getting in the car, leaving him unable to perform his job.
Buckley earlier was indicted on a charge of vehicular homicide. He has pleaded not guilty, and his lawyer, Robert Gluck, says he is also innocent of the new charges.
The crash occurred on Aug. 12, 2008. Buckley escaped serious injury.
Officer David Robida Could Lose Job for Sending Threatening Text Messages
A Cheektowaga police officer could lose his job for allegedly threatening a former girlfriend last summer with “vulgar” text messages and arranging to have her removed from the Sunset Bay Beach Club in Irving on July 4 last year.
“This is pretty serious,” Town Supervisor Mary Holtz told The Buffalo News of the accusations against patrolman David Robida. “We have a police chief that’s very concerned.”
The Erie County district attorney’s office has been informed, Holtz said, although town police Capt. John Glascott said there are no criminal charges pending.
The Town Board voted unanimously Monday night after a closed-door discussion that they would move forward with a disciplinary process that could cost Robida his job.
A resolution Town Board members considered said the officer “has brought discredit upon the Cheektowaga Police Department” for failing to treat his girlfriend respectfully, violating Police Chief Christine Ziemba’s order that he have no contact with the woman and making a false report to the department.
Robida, who has hired an attorney, declined to discuss the charges when reached by phone late Monday. “I can’t comment on anything,” he said.
Alleged incidents that led to the Monday vote were detailed in the resolution. They included “vulgar, threatening and insulting” text messages Robida is accused of sending to his ex-girlfriend and her family. The messages related to a visit by the former girlfriend to the Sunset Bay Beach Club in Irving on July 4, 2008. The resolution alleged Robida threatened to “ruin” his ex-girlfriend’s summer by excluding her and her family from the club “and other bars and public establishments owned or operated by his friends.”
The resolution continues to say that three of Robida’s friends and associates communicated with each other and, during the early afternoon that day, arranged to remove his exgirlfriend shortly after she arrived at the bar.
The resolution approved by the board also says:
• “Any police officer who makes a false statement during the course of an Internal Affairs investigation undermines the integrity and purpose of such investigation.”
• Robida’s false statements were about whether he gave a friend and associate a “heads up” that his ex-girlfriend would be at the Sunset.
• Robida went to the Sunset knowing his ex-girlfriend would be there and he was told to stay away from her. Robida’s actions led to his ex-girlfriend’s removal from the club “in a way that could not have been more aggressive, abrupt, embarrassing and predicable. [sic]”
Later this month, a hearing officer and Deputy Town Attorney Jeffrey Whiting will suggest a punishment — possibly dismissal. The Town Board will make the final decision.
“This is pretty serious,” Town Supervisor Mary Holtz told The Buffalo News of the accusations against patrolman David Robida. “We have a police chief that’s very concerned.”
The Erie County district attorney’s office has been informed, Holtz said, although town police Capt. John Glascott said there are no criminal charges pending.
The Town Board voted unanimously Monday night after a closed-door discussion that they would move forward with a disciplinary process that could cost Robida his job.
A resolution Town Board members considered said the officer “has brought discredit upon the Cheektowaga Police Department” for failing to treat his girlfriend respectfully, violating Police Chief Christine Ziemba’s order that he have no contact with the woman and making a false report to the department.
Robida, who has hired an attorney, declined to discuss the charges when reached by phone late Monday. “I can’t comment on anything,” he said.
Alleged incidents that led to the Monday vote were detailed in the resolution. They included “vulgar, threatening and insulting” text messages Robida is accused of sending to his ex-girlfriend and her family. The messages related to a visit by the former girlfriend to the Sunset Bay Beach Club in Irving on July 4, 2008. The resolution alleged Robida threatened to “ruin” his ex-girlfriend’s summer by excluding her and her family from the club “and other bars and public establishments owned or operated by his friends.”
The resolution continues to say that three of Robida’s friends and associates communicated with each other and, during the early afternoon that day, arranged to remove his exgirlfriend shortly after she arrived at the bar.
The resolution approved by the board also says:
• “Any police officer who makes a false statement during the course of an Internal Affairs investigation undermines the integrity and purpose of such investigation.”
• Robida’s false statements were about whether he gave a friend and associate a “heads up” that his ex-girlfriend would be at the Sunset.
• Robida went to the Sunset knowing his ex-girlfriend would be there and he was told to stay away from her. Robida’s actions led to his ex-girlfriend’s removal from the club “in a way that could not have been more aggressive, abrupt, embarrassing and predicable. [sic]”
Later this month, a hearing officer and Deputy Town Attorney Jeffrey Whiting will suggest a punishment — possibly dismissal. The Town Board will make the final decision.
Officer Janine England Caught on Camera Kissing Chief Timothy Escola
A Perry Township police officer caught on camera kissing her chief is out of a job.
Dash camera video showed Officer Janine England and Police Chief Timothy Escola cuddling and kissing while transporting a prisoner.
Escola retired last week. England tried to resign, but township trustees declined her resignation and instead fired her for an affair unbecoming of an officer.
Both England and Escola are married.
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http://www.newsnet5.com/news/19985623/detail.html
Dash camera video showed Officer Janine England and Police Chief Timothy Escola cuddling and kissing while transporting a prisoner.
Escola retired last week. England tried to resign, but township trustees declined her resignation and instead fired her for an affair unbecoming of an officer.
Both England and Escola are married.
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http://www.newsnet5.com/news/19985623/detail.html
Jesus Manuel Sanchez Arrested on Sex Offenses
The Monterey County Sheriff's Office has confirmed that Salinas police Officer Jesus Manuel Sanchez was arrested Monday night.
Sanchez, 34, was arrested by the Salinas Police Department about 8 p.m on suspicion of assault with the intent to commit mayhem or a specified sex offense including rape, sodomy or oral copulation.
The Sheriff's Office said Sanchez has since posted the $300,000 bail.
He is scheduled to appear in court on July 15.
Sanchez worked for the Sheriff's Office as a deputy in 1998.
Salinas police said they will release additional information at a press conference at 2 p.m. at the City Hall Rotunda.
Sanchez stepped down as the Alisal boys soccer coach after five seasons in 2008.
While coaching the Trojans, he won four league championships (three straight in the Monterey Bay League) and the school’s first Tri-County Athletic League title in 2008) — all with unbeaten records — and took his team to three CCS Division I semifinals and one final.
In 56 league matches, which included three years in the MBL and two in the T-CAL, the Trojans lost just once under Sanchez’s guidance.
He was The Salinas Californian’s All-County Boys Coach of the Year four times.
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http://thecalifornian.com/article/20090708/NEWS01/907080307/1002/Salinas-police-officer-accused-of-assaulting-woman-with-intent-to-rape
Officer Dirk Piggott Arrested for Drunk Driving
Dirk Piggott has returned to work as an Aurora police officer after being arrested for drunken driving.
Piggott, 52, of Ravenna, pleaded guilty to being in physical control of a vehicle while under the influence of alcohol in Morrow County, just north of Columbus, where he was arrested by a trooper March 13.
The "physical control" violation is a lesser charge in the state's DUI law. He was found guilty May 16, fined $499, required to attend a 3-day alcohol seminar and placed on probation for two years. His driver's license was suspended for six months, but he can drive for work.
Aurora Mayor Lynn McGill removed Piggott from unpaid leave, acknowledging his otherwise unblemished 24 years with the department. The mayor disciplined him for improper conduct.
Piggott was demoted from sergeant to patrolman and he was suspended without pay from May 11 through June 12. The disciplinary record will remain in his file for five years and he will be fired if he violates a department rule within that time, McGill said.
Piggott, 52, of Ravenna, pleaded guilty to being in physical control of a vehicle while under the influence of alcohol in Morrow County, just north of Columbus, where he was arrested by a trooper March 13.
The "physical control" violation is a lesser charge in the state's DUI law. He was found guilty May 16, fined $499, required to attend a 3-day alcohol seminar and placed on probation for two years. His driver's license was suspended for six months, but he can drive for work.
Aurora Mayor Lynn McGill removed Piggott from unpaid leave, acknowledging his otherwise unblemished 24 years with the department. The mayor disciplined him for improper conduct.
Piggott was demoted from sergeant to patrolman and he was suspended without pay from May 11 through June 12. The disciplinary record will remain in his file for five years and he will be fired if he violates a department rule within that time, McGill said.
Monday, July 06, 2009
Man Dies After Being Tasered
A morbidly obese man died in a hospital hours after deputies used a Taser to subdue him in Lancaster, but the Los Angeles County Sheriff's Department today denied he died because of the stun gun.
The 43-year-old man, who was 6 feet tall and weighed 400 pounds, drove off Sierra Highway at Avenue J in Lancaster about 7:30 p.m. Saturday, and when deputies tried to talk to him, he began acting "aggressively" toward them and firefighters, said Deputy Bill Brauberger of the Sheriff's Headquarters Bureau.
Deputies shot him with a Taser, which had "little or no effect" on the man, he said, adding that they then physically restrained and handcuffed him.
The man was taken to a hospital and admitted for "reasons unrelated to the contact with the deputies," he said, but it was unclear what those reasons were.
About 11 hours later, the man died, he said. An autopsy and toxicology tests were pending.
The 43-year-old man, who was 6 feet tall and weighed 400 pounds, drove off Sierra Highway at Avenue J in Lancaster about 7:30 p.m. Saturday, and when deputies tried to talk to him, he began acting "aggressively" toward them and firefighters, said Deputy Bill Brauberger of the Sheriff's Headquarters Bureau.
Deputies shot him with a Taser, which had "little or no effect" on the man, he said, adding that they then physically restrained and handcuffed him.
The man was taken to a hospital and admitted for "reasons unrelated to the contact with the deputies," he said, but it was unclear what those reasons were.
About 11 hours later, the man died, he said. An autopsy and toxicology tests were pending.
Officers Josehp Szelenyi & Booby Hoover on Trial for Tasering Woman while Handcuffed
A jury will decide whether two Newburgh Heights police officers were following department protocol or abusing their power when they shocked a Cleveland woman repeatedly with a Taser while she was handcuffed.
Officers Joseph Szelenyi, 32, and Bobby Hoover, 33, stand trial this week in Cuyahoga County Common Pleas Court, accused of holding Kim Bankhead captive for hours at their police station and torturing her with a Taser, an electroshock weapon that temporarily incapacitates its target.
Prosecutors say the officers shocked the woman at least a half-dozen times until she complained of chest pain and was taken to a hospital.
Szelenyi and Hoover are charged with felonious assault. Judge Brendan Sheehan threw out charges against a third officer, Christopher Minek, 26, because prosecutors could not produce enough evidence to suggest he participated in shocking the woman.
In opening statements Monday, defense lawyers argued that police used the Taser to control Bankhead, who was so intoxicated she could not perform the basic field sobriety test.
At her Municipal Court hearing in February 2008, Bankhead pleaded no contest to operating a vehicle while intoxicated. Charges of disorderly conduct, driving in a prohibited area, failure to yield and resisting arrest were dismissed.
But she has since filed a civil lawsuit in federal court, in which she is asking for $1.5 million in damages from each of the officers who used the Taser, saying the experience left her traumatized, anxious and chronically depressed.
Bankhead and her husband, Michael, had been drinking at the Crankshaft bar in Newburgh Heights on Nov. 25, 2007, and were on their way home around 9 p.m., when Bankhead said police lights surrounded her car.
Police ordered her out of the driver's seat, she said. And when she demanded to know why she had been pulled over, Bankhead said, Szelenyi slammed her head against the hood of his police cruiser, busting her lip and knocking her out cold. When she regained consciousness, Bankhead struggled against the officer, who had handcuffed her and was loading her into the backseat of his car. Without warning, Szelenyi shocked her in the leg, she said.
At the police station, the officers handcuffed Bankhead to a bench while they prepared to book her on charges of driving under the influence and resisting arrest. Afraid and distraught, Bankhead panicked, screaming for help and trying to wriggle free from the handcuffs, she testified.
Hoover shocked her repeatedly, she said. He even told her, in lewd language, that he was enjoying it and encouraged her to give him a reason to do it again, Bankhead told the court.
Defense lawyers countered that Bankhead was so drunk that she nearly collided head-on with a police cruiser and parked her car on a tree lawn when she finally pulled over. She could hardly walk, let alone complete a field sobriety test. And she was aggressive, yelling for her husband to attack the police who were arresting her, they said.
Attorneys for the officers also argued that Bankhead produced no evidence or documentation of injuries inflicted by the Taser and that she only experienced chest pains, a symptom of anxiety, after police tried to book her in jail.
The trial continues Tuesday.
Officers Joseph Szelenyi, 32, and Bobby Hoover, 33, stand trial this week in Cuyahoga County Common Pleas Court, accused of holding Kim Bankhead captive for hours at their police station and torturing her with a Taser, an electroshock weapon that temporarily incapacitates its target.
Prosecutors say the officers shocked the woman at least a half-dozen times until she complained of chest pain and was taken to a hospital.
Szelenyi and Hoover are charged with felonious assault. Judge Brendan Sheehan threw out charges against a third officer, Christopher Minek, 26, because prosecutors could not produce enough evidence to suggest he participated in shocking the woman.
In opening statements Monday, defense lawyers argued that police used the Taser to control Bankhead, who was so intoxicated she could not perform the basic field sobriety test.
At her Municipal Court hearing in February 2008, Bankhead pleaded no contest to operating a vehicle while intoxicated. Charges of disorderly conduct, driving in a prohibited area, failure to yield and resisting arrest were dismissed.
But she has since filed a civil lawsuit in federal court, in which she is asking for $1.5 million in damages from each of the officers who used the Taser, saying the experience left her traumatized, anxious and chronically depressed.
Bankhead and her husband, Michael, had been drinking at the Crankshaft bar in Newburgh Heights on Nov. 25, 2007, and were on their way home around 9 p.m., when Bankhead said police lights surrounded her car.
Police ordered her out of the driver's seat, she said. And when she demanded to know why she had been pulled over, Bankhead said, Szelenyi slammed her head against the hood of his police cruiser, busting her lip and knocking her out cold. When she regained consciousness, Bankhead struggled against the officer, who had handcuffed her and was loading her into the backseat of his car. Without warning, Szelenyi shocked her in the leg, she said.
At the police station, the officers handcuffed Bankhead to a bench while they prepared to book her on charges of driving under the influence and resisting arrest. Afraid and distraught, Bankhead panicked, screaming for help and trying to wriggle free from the handcuffs, she testified.
Hoover shocked her repeatedly, she said. He even told her, in lewd language, that he was enjoying it and encouraged her to give him a reason to do it again, Bankhead told the court.
Defense lawyers countered that Bankhead was so drunk that she nearly collided head-on with a police cruiser and parked her car on a tree lawn when she finally pulled over. She could hardly walk, let alone complete a field sobriety test. And she was aggressive, yelling for her husband to attack the police who were arresting her, they said.
Attorneys for the officers also argued that Bankhead produced no evidence or documentation of injuries inflicted by the Taser and that she only experienced chest pains, a symptom of anxiety, after police tried to book her in jail.
The trial continues Tuesday.
Former Officer Louis Alvie 'Buck' Morris in Court on Rape of 15-year-old
Former Stillwater Police Officer Louis Alvie "Buck" Morris, 48, who appeared in court today on charges alleging he committed five sex acts with a 15-year-old female student in May, has resigned from the department, Stillwater Police Chief Norman McNickle said.
"This case now rests in the hands of the judicial system," McNickle said.
The preliminary hearing for Morris, who has been charged with two counts of rape by instrumentation and three counts of lewd acts with a child, was scheduled during Morris's brief court appearance today for Aug. 28.
If convicted of the five-count charge, Morris could receive as much as two life without parole sentences plus 60 years in prison, court records show.
Morris was originally represented by Oklahoma City attorney Susan Ann Knight, but now is being defended by four Oklahoma City attorneys, Joe E. White Jr., Charles C. Weddle III, Marvel E. Lewis and Blake Farris, court records show.
Morris, who was an officer with the Stillwater Police Department for 17 years, had served as a School Resource Officer for six years, McNickle said.
He was suspended without pay at the time of his June 16 arrest at his Ripley residence, McNickle said.
Morris resigned from the Stillwater Police Department on June 26, McNickle said.
"As a Police Officer and a School Resource Officer, Morris was sworn to protect and serve all the citizens of Stillwater," McNickle said in a press release when Morris was arrested by officers from the Oklahoma State Bureau of Investigation, Stillwater Police Department and the Payne County Sheriff's Office.
"It is apparent to me and the personnel of the Stillwater Police Department that the sacred trust in the Oath of Office was violated." McNickle said.
"Department members are deeply disappointed and disgusted in the actions of a veteran officer.
"Members of the department take their oath seriously and will continue to seek out those who violate the public trust and where appropriate, seek prosecution and removal from office," McNickle said.
An investigation began on May 20 when a citizen reported a concern to police that Morris was engaged in an inappropriate relationship with a 15-year-old girl, McNickle said in his press release.
"The original information supplied by the citizen had no evidence of criminal activity by Morris.
"Two investigators were immediately assigned to determine if Morris had violated any policies of the Stillwater Police Department Standard Operating Procedures.
"The internal investigation continued until June 1, 2009, when information was discovered that Morris had possibly violated state law in his conduct with the 15-year-old victim.
"Based on this information, I immediately asked the Oklahoma State Bureau of Investigation (OSBI) to assist the Stillwater Police Department in conducting a criminal investigation into Morris' conduct," McNickle said.
"On June 2, 2009, the criminal investigation determined probable cause existed that Morris committed a felony. Also on June 2, 2009, Morris was suspended from duty and his powers to act as a police officer were revoked," McNickle said.
"On June 10, 2009, two investigators were dispatched on an out-of-state trip to interview potential witnesses in the criminal investigation. The trip continued through Monday, June 15, 2009," McNickle said.
The following day, charges were filed against Morris by Payne County First Assistant District Attorney Tom Lee.
Morris was booked into the Payne County Jail and released after posting a $25,000 property bond, court records show.
According to an affidavit by OSBI agent Richard Brown, the girl knew Morris for the two years she attended Stillwater Junior High School. She said that she talked with Morris every morning at school, the affidavit said.
"She and Morris exchanged phone numbers and would text each other. She felt Morris knew she liked him and that he liked her.
"She became close to Morris. Morris would text her saying he loved her and would be able to show her how much he loved her," the affidavit alleged.
She told the OSBI agent that Morris fondled her while they were alone in his home and that while he was driving her back to her house, Morris put his finger in her genital area, the affidavit alleged.
In May two days before she was to leave Oklahoma for the summer, Morris came by her house while her father was at work and they performed manual sex acts on each other, the affidavit alleged.
Morris subsequently talked to Stillwater Police Officer Guy Palladino, who was a School Resource Officer assigned to Stillwater's Sangre Ridge Elementary and Middle Schools, as well as Westwood Elementary School. Palladino also was a Fraternal Order of Police (FOP) representative for any officer at the Stillwater Police Department, according to the affidavit.
Morris told Palladino that they had sexual contact, but denied having oral or vaginal sex with the girl, the affidavit alleged.
Morris knew his job was gone and he hoped he did not have to go to prison, but that he had done this to himself," the affidavit alleged.
"This case now rests in the hands of the judicial system," McNickle said.
The preliminary hearing for Morris, who has been charged with two counts of rape by instrumentation and three counts of lewd acts with a child, was scheduled during Morris's brief court appearance today for Aug. 28.
If convicted of the five-count charge, Morris could receive as much as two life without parole sentences plus 60 years in prison, court records show.
Morris was originally represented by Oklahoma City attorney Susan Ann Knight, but now is being defended by four Oklahoma City attorneys, Joe E. White Jr., Charles C. Weddle III, Marvel E. Lewis and Blake Farris, court records show.
Morris, who was an officer with the Stillwater Police Department for 17 years, had served as a School Resource Officer for six years, McNickle said.
He was suspended without pay at the time of his June 16 arrest at his Ripley residence, McNickle said.
Morris resigned from the Stillwater Police Department on June 26, McNickle said.
"As a Police Officer and a School Resource Officer, Morris was sworn to protect and serve all the citizens of Stillwater," McNickle said in a press release when Morris was arrested by officers from the Oklahoma State Bureau of Investigation, Stillwater Police Department and the Payne County Sheriff's Office.
"It is apparent to me and the personnel of the Stillwater Police Department that the sacred trust in the Oath of Office was violated." McNickle said.
"Department members are deeply disappointed and disgusted in the actions of a veteran officer.
"Members of the department take their oath seriously and will continue to seek out those who violate the public trust and where appropriate, seek prosecution and removal from office," McNickle said.
An investigation began on May 20 when a citizen reported a concern to police that Morris was engaged in an inappropriate relationship with a 15-year-old girl, McNickle said in his press release.
"The original information supplied by the citizen had no evidence of criminal activity by Morris.
"Two investigators were immediately assigned to determine if Morris had violated any policies of the Stillwater Police Department Standard Operating Procedures.
"The internal investigation continued until June 1, 2009, when information was discovered that Morris had possibly violated state law in his conduct with the 15-year-old victim.
"Based on this information, I immediately asked the Oklahoma State Bureau of Investigation (OSBI) to assist the Stillwater Police Department in conducting a criminal investigation into Morris' conduct," McNickle said.
"On June 2, 2009, the criminal investigation determined probable cause existed that Morris committed a felony. Also on June 2, 2009, Morris was suspended from duty and his powers to act as a police officer were revoked," McNickle said.
"On June 10, 2009, two investigators were dispatched on an out-of-state trip to interview potential witnesses in the criminal investigation. The trip continued through Monday, June 15, 2009," McNickle said.
The following day, charges were filed against Morris by Payne County First Assistant District Attorney Tom Lee.
Morris was booked into the Payne County Jail and released after posting a $25,000 property bond, court records show.
According to an affidavit by OSBI agent Richard Brown, the girl knew Morris for the two years she attended Stillwater Junior High School. She said that she talked with Morris every morning at school, the affidavit said.
"She and Morris exchanged phone numbers and would text each other. She felt Morris knew she liked him and that he liked her.
"She became close to Morris. Morris would text her saying he loved her and would be able to show her how much he loved her," the affidavit alleged.
She told the OSBI agent that Morris fondled her while they were alone in his home and that while he was driving her back to her house, Morris put his finger in her genital area, the affidavit alleged.
In May two days before she was to leave Oklahoma for the summer, Morris came by her house while her father was at work and they performed manual sex acts on each other, the affidavit alleged.
Morris subsequently talked to Stillwater Police Officer Guy Palladino, who was a School Resource Officer assigned to Stillwater's Sangre Ridge Elementary and Middle Schools, as well as Westwood Elementary School. Palladino also was a Fraternal Order of Police (FOP) representative for any officer at the Stillwater Police Department, according to the affidavit.
Morris told Palladino that they had sexual contact, but denied having oral or vaginal sex with the girl, the affidavit alleged.
Morris knew his job was gone and he hoped he did not have to go to prison, but that he had done this to himself," the affidavit alleged.
Officer Alex Alvarez Arrested for DWI
A McAllen police officer found himself on the other side of the law after being arrested for an alleged DWI wreck over the weekend.
Officer Alex Alvarez was arrested on DWI charges after he was allegedly involved in an accident in the parking lot of the Chili’s restaurant on Nolana Avenue.
The 39-year-old police officer appeared before a judge where he was given a $5,000 personal recognizance bond.
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http://www.themonitor.com/articles/mcallen-28273-police-arrested.html
Reserve Officer Adam Goldstein Arrested for Being Drunk in Squad Car
A Lawrence Township school board member has been dismissed as a Fortville reserve police officer after driving a squad car in full uniform while allegedly drunk.
Adam Goldstein, 39, of Geist, an unpaid officer in training in Fortville, was charged with public intoxication at the Geist Marina early Sunday morning and later charged preliminarily with drunk driving, police and the Hamilton County prosecutor’s office said today.
Goldtstein and his wife, Karen, were stopped by an Indiana Department of Natural Resources officer while boating on the reservoir at 11 p.m. Saturday and cited for failing to have working navigational lights, said Conservation Officer Dave Dungan.
Apparently angry at the citation, Goldstein drove home, put on his police uniform and gun, then drove to the Fortville police station, where he took a squad car, Fortville Police Sgt. Derek Shelley said. No one else was at the station at the time.
He drove the car to the Geist Marina to confront the DNR officer who ticketed him, became unruly and was arrested for public intoxication, Shelley said.
Dungan said he gave Goldstein a breathalyzer test, which he failed, and he was later charged with drunk driving.
Goldstein was elected to his first term on the school board in 2008. He is also the former owner of Automotive Service Group in Lawrence. He began his reserve officer training Feb. 28 and was in the field training segment, in which he rode around with a full-time officer on patrol.
Training officers have keys to the squad cars, Shelley said.
Adam Goldstein, 39, of Geist, an unpaid officer in training in Fortville, was charged with public intoxication at the Geist Marina early Sunday morning and later charged preliminarily with drunk driving, police and the Hamilton County prosecutor’s office said today.
Goldtstein and his wife, Karen, were stopped by an Indiana Department of Natural Resources officer while boating on the reservoir at 11 p.m. Saturday and cited for failing to have working navigational lights, said Conservation Officer Dave Dungan.
Apparently angry at the citation, Goldstein drove home, put on his police uniform and gun, then drove to the Fortville police station, where he took a squad car, Fortville Police Sgt. Derek Shelley said. No one else was at the station at the time.
He drove the car to the Geist Marina to confront the DNR officer who ticketed him, became unruly and was arrested for public intoxication, Shelley said.
Dungan said he gave Goldstein a breathalyzer test, which he failed, and he was later charged with drunk driving.
Goldstein was elected to his first term on the school board in 2008. He is also the former owner of Automotive Service Group in Lawrence. He began his reserve officer training Feb. 28 and was in the field training segment, in which he rode around with a full-time officer on patrol.
Training officers have keys to the squad cars, Shelley said.
Former Officer Jerry Bristow Pleads Guilty to Stealing Weapons from Evidence Room
A former Clinton police officer has pleaded guilty to taking two pistols and a shotgun from the police evidence room and selling them to a pawnbroker.
The former officer, 56-year-old Jerry Bristow, remains free on bond until a pre-sentence hearing on Sept. 11.
Bristow, who supervised the evidence room, left the force Jan. 1.
On Monday, Assistant DeWitt County State's Attorney Darrell Price said Clinton Police Chief Mike Reidy called for an investigation in January after he was told guns were missing from the evidence room.
Price told Circuit Court Judge Garry Bryan that the DeWitt County Sheriff's Department discovered that Bristow had taken the guns and sold them for his own profit at a Bloomington pawn shop.
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Information from: The Pantagraph, http://www.pantagraph.com
The former officer, 56-year-old Jerry Bristow, remains free on bond until a pre-sentence hearing on Sept. 11.
Bristow, who supervised the evidence room, left the force Jan. 1.
On Monday, Assistant DeWitt County State's Attorney Darrell Price said Clinton Police Chief Mike Reidy called for an investigation in January after he was told guns were missing from the evidence room.
Price told Circuit Court Judge Garry Bryan that the DeWitt County Sheriff's Department discovered that Bristow had taken the guns and sold them for his own profit at a Bloomington pawn shop.
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Information from: The Pantagraph, http://www.pantagraph.com
Officer Matthew Leavitt Pleads Guilty to Beating Twan Reynolds
Kaleigha Reynolds was just 4 years old, sitting in her car seat and drinking some juice, when a police car with lights flashing pulled in front of her parents' car in Montgomery.
She didn't understand what was happening as Montgomery Police Officer Matthew Leavitt pulled her parents from the car and then started beating her dad on Sept. 26.
Leavitt pleaded guilty to two misdemeanor civil-rights violations in federal court on Monday. Leavitt pleaded to beating Twan Reynolds with a slap jack and illegally charging his wife, Lauren Reynolds, with driving under the influence.
Chief U.S. District Judge Joseph R. Goodwin accepted the plea.
After watching Leavitt plead guilty, Twan Reynolds said Monday he remembered hearing his daughter's screams that night. He said Kaleigha was terrified by what happened.
Lauren Reynolds said she first saw Leavitt that day as she was in line at a concession stand at a football game.
"He was standing behind me, looking at me," she said. "He kept rocking back and forth. ... I got an eerie feeling from it. It was chilling."
When they left the football game, the Reynolds family stopped at the local Go-Mart to put air in a car tire. The machine was broken, and they drove to the 7-Eleven.
There Leavitt and Officer Shawn Hutchinson pulled Lauren Reynolds from the car, telling her it sounded like she was slurring her words. They looked at her license, which had a St. Albans address.
"They said, 'You're a little St. Albans girl. You haven't had the privilege of being introduced to the Montgomery police yet," Lauren Reynolds said.
Twan Reynolds started talking to the two officers as he also tried to calm his daughter.
"She was crying and I was trying to look back at her," he said. "From that point it just got out of hand."
'This ain't no rap movie'
Leavitt and Hutchinson pulled Twan Reynolds out of his car and tried to handcuff him. When Reynolds told the men he hadn't done anything that justified arrest, Leavitt pulled out a slap jack -- a small weapon with a weight at the end -- and hit him in the face with it, according to Montgomery Police Lt. J.D. Burrow.
In December, Burrow told the Gazette that Leavitt and Hutchinson threatened to arrest him when he tried to stop them from attacking Reynolds.
"These guys were on their own. They felt like they could do what they want," Burrow said at the time. "It seemed like they always had that little leeway to do what they wanted to, to me."
Chuck Miller, U.S. Attorney for the Southern District of West Virginia, handled the case himself. He pointed out in the courtroom that slap jacks have been outlawed for police use because they can kill.
She didn't understand what was happening as Montgomery Police Officer Matthew Leavitt pulled her parents from the car and then started beating her dad on Sept. 26.
Leavitt pleaded guilty to two misdemeanor civil-rights violations in federal court on Monday. Leavitt pleaded to beating Twan Reynolds with a slap jack and illegally charging his wife, Lauren Reynolds, with driving under the influence.
Chief U.S. District Judge Joseph R. Goodwin accepted the plea.
After watching Leavitt plead guilty, Twan Reynolds said Monday he remembered hearing his daughter's screams that night. He said Kaleigha was terrified by what happened.
Lauren Reynolds said she first saw Leavitt that day as she was in line at a concession stand at a football game.
"He was standing behind me, looking at me," she said. "He kept rocking back and forth. ... I got an eerie feeling from it. It was chilling."
When they left the football game, the Reynolds family stopped at the local Go-Mart to put air in a car tire. The machine was broken, and they drove to the 7-Eleven.
There Leavitt and Officer Shawn Hutchinson pulled Lauren Reynolds from the car, telling her it sounded like she was slurring her words. They looked at her license, which had a St. Albans address.
"They said, 'You're a little St. Albans girl. You haven't had the privilege of being introduced to the Montgomery police yet," Lauren Reynolds said.
Twan Reynolds started talking to the two officers as he also tried to calm his daughter.
"She was crying and I was trying to look back at her," he said. "From that point it just got out of hand."
'This ain't no rap movie'
Leavitt and Hutchinson pulled Twan Reynolds out of his car and tried to handcuff him. When Reynolds told the men he hadn't done anything that justified arrest, Leavitt pulled out a slap jack -- a small weapon with a weight at the end -- and hit him in the face with it, according to Montgomery Police Lt. J.D. Burrow.
In December, Burrow told the Gazette that Leavitt and Hutchinson threatened to arrest him when he tried to stop them from attacking Reynolds.
"These guys were on their own. They felt like they could do what they want," Burrow said at the time. "It seemed like they always had that little leeway to do what they wanted to, to me."
Chuck Miller, U.S. Attorney for the Southern District of West Virginia, handled the case himself. He pointed out in the courtroom that slap jacks have been outlawed for police use because they can kill.
Two Officer & Dispatcher on Trial for Brutalizing Woman with Taser
Two Newburgh Heights police officers and a dispatcher are standing trial on charges they used tasers to brutalize a woman they arrested.
Kim Bankhead was pulled over by the two officers in november 2007 on suspicion of drunk driving. During her testimony on Monday, Bankhead admitted that she did not cooperate with Officer Joseph Szelenyi, but claims he used excessive force.
Bankhead told the jury, "he forced me around, slammed my head on the car to handcuff me." On the opening day of the felonious assault trial of Patrolman Szeleyni, fellow officer Bobby Hoover and Newburgh Heights dispatcher Christopher Minek, Bankhead testified that Officer Szelenyi tasered her multiple times after she was handcuffed.
When asked by assistant county prosecutor David Zimmerman why she was screaming "help me", Bankhead said "they were hurting me, I was scared to death and I was hurt."
Bankhead says after she was taken to the Newburgh Heights police station, she was chained to a bench and then tasered by Officer Bobby Hoover following an angry exchange of words.
When asked by Zimmerman how many time she was tasered while she was on the floor handcuffed, Bankhead said "it was just one after another."
But on cross examination, defense attorneys pointed out that Kim Bankhead later pleaded no contest to driving while intoxicated, and on the night she was arrested, was confrontational with the officers.
Attorney Mike Conway asked Bankhead "you're asked to get out of the vehicle and you said 'I'm not (bleep) going with you guys anywhere', right? Bankhead responded "I did say that."
Conway got Bankhead to admit that after she was taken to the police station, she tried to get away. Conway asked "you did escape from a handcuff, and what are the police officers supposed to do when you escape from a handcuff, just let you walk away?"
After prosecutors wrapped up their case Monday, the defense asked the judge to immediately find the three men not guilty, and in the case of the dispatcher, the judge granted their request.
Judge Brendan Sheehan ruled that there was no evidence or testimony that Christopher Minek had done anything wrong.
The dismissal of the charges lifts a cloud of suspicion that has followed Minek for the past year and a half.
Minek says "rough, we lost almost everything, now I can continue my career and go on, proves that we were right and we did the best that we can do."
Judge Sheehan will decide on Tuesday if Joseph Szelenyi and Bobby Hoover should be exonerated as well, or if their trial should continue.
Kim Bankhead was pulled over by the two officers in november 2007 on suspicion of drunk driving. During her testimony on Monday, Bankhead admitted that she did not cooperate with Officer Joseph Szelenyi, but claims he used excessive force.
Bankhead told the jury, "he forced me around, slammed my head on the car to handcuff me." On the opening day of the felonious assault trial of Patrolman Szeleyni, fellow officer Bobby Hoover and Newburgh Heights dispatcher Christopher Minek, Bankhead testified that Officer Szelenyi tasered her multiple times after she was handcuffed.
When asked by assistant county prosecutor David Zimmerman why she was screaming "help me", Bankhead said "they were hurting me, I was scared to death and I was hurt."
Bankhead says after she was taken to the Newburgh Heights police station, she was chained to a bench and then tasered by Officer Bobby Hoover following an angry exchange of words.
When asked by Zimmerman how many time she was tasered while she was on the floor handcuffed, Bankhead said "it was just one after another."
But on cross examination, defense attorneys pointed out that Kim Bankhead later pleaded no contest to driving while intoxicated, and on the night she was arrested, was confrontational with the officers.
Attorney Mike Conway asked Bankhead "you're asked to get out of the vehicle and you said 'I'm not (bleep) going with you guys anywhere', right? Bankhead responded "I did say that."
Conway got Bankhead to admit that after she was taken to the police station, she tried to get away. Conway asked "you did escape from a handcuff, and what are the police officers supposed to do when you escape from a handcuff, just let you walk away?"
After prosecutors wrapped up their case Monday, the defense asked the judge to immediately find the three men not guilty, and in the case of the dispatcher, the judge granted their request.
Judge Brendan Sheehan ruled that there was no evidence or testimony that Christopher Minek had done anything wrong.
The dismissal of the charges lifts a cloud of suspicion that has followed Minek for the past year and a half.
Minek says "rough, we lost almost everything, now I can continue my career and go on, proves that we were right and we did the best that we can do."
Judge Sheehan will decide on Tuesday if Joseph Szelenyi and Bobby Hoover should be exonerated as well, or if their trial should continue.
Sunday, July 05, 2009
Officer Gregory Mickel Charged with Sexual Assault
A San Antonio police officer is charged with sexual assault after a woman claims the officer raped her in the back of a police car while he was on patrol.
The woman had previous arrests for prostitution, and she claims she was in a truck with another man on June 26th when Officer Gregory Mickel pulled them over.
The woman says she was forced to have sex in the patrol car.
The affidavit for the arrest warrant states, “The defendant told the complainant that he was going to arrest her for her third count of prostitution and take her to jail for a felony charge if she did not have sex with him.”
The woman says she was then dropped off at a home. That’s when she says she called 911 to report she’d been raped. The woman says Mickel was one of the officers that responded to the call, and he took responsibility for writing up the report. But computer records show he never reported the sexual assaulted and instead elected to close the call.
The police computer and GPS are backing up the woman’s story, they showed that on that night Micklel’s car was at the exact location where the assault occurred.
Mickel has bonded out of jail on Sunday.
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More Information: http://www.mysanantonio.com/news/local_news/49941522.html
The woman had previous arrests for prostitution, and she claims she was in a truck with another man on June 26th when Officer Gregory Mickel pulled them over.
The woman says she was forced to have sex in the patrol car.
The affidavit for the arrest warrant states, “The defendant told the complainant that he was going to arrest her for her third count of prostitution and take her to jail for a felony charge if she did not have sex with him.”
The woman says she was then dropped off at a home. That’s when she says she called 911 to report she’d been raped. The woman says Mickel was one of the officers that responded to the call, and he took responsibility for writing up the report. But computer records show he never reported the sexual assaulted and instead elected to close the call.
The police computer and GPS are backing up the woman’s story, they showed that on that night Micklel’s car was at the exact location where the assault occurred.
Mickel has bonded out of jail on Sunday.
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More Information: http://www.mysanantonio.com/news/local_news/49941522.html
Sgt Mark Fitzpatrick Being Investigated for Several Sexual Misconducts
For days after he allegedly sexually assaulted a woman during a May 2008 traffic stop, Los Angeles County Sheriff's Sgt. Mark Fitzpatrick left messages on the woman's home phone in an effort to see her again, according to audio recordings obtained by The Times.
"I just want to call and tell you good night," the married sergeant said during a 4:22 a.m. call, made just hours after the alleged assault. "I can't wait to talk to you soon."
Four days later, when his messages apparently went unanswered, he struck a more desperate tone.
"Getting the hint you don't want me to call and bug you anymore," Fitzpatrick said. "I hope I am wrong. . . . I really like you."
Prosecutors last month charged Fitzpatrick with sexually assaulting the 31-year-old single mother from Downey. They allege he pulled her over, threatened to arrest or deport her and then touched her genitals against her will.
That same month, he sexually abused two other women while on duty, prosecutors said.
Fitzpatrick, through his attorney, has denied any wrongdoing.
According to interviews and law enforcement records, these are not the first accusations of sexual misconduct against Fitzpatrick during his 19 years with the Sheriff's Department.
County prosecutors reviewed a similar on-duty sexual assault complaint against him 10 years ago but declined to file criminal charges because of insufficient evidence, according to records of the district attorney's office.
And Sheriff's Department officials had investigated charges that he exposed himself to women twice while off duty, law enforcement sources said.
"The pattern here makes it a most troublesome case," said Michael Gennaco, head of the county's Office of Independent Review, a county watchdog agency.
"It is unfortunate that more wasn't done in 1999 to identify additional victims," he said.
District attorney spokeswoman Jane Robison said prosecutors were aware of other accusations, "but we aren't going to comment on the exact number yet, or the circumstances."
The charges against Fitzpatrick and the evidence that the department knew of previous allegations underscore the problem law enforcement agencies face in dealing with charges of sexual assaults by officers.
Sexual assault cases in general are often difficult to prove because of the lack of witnesses other than the accuser and accused.
The problem is even more difficult when the person alleged to have committed the assault is a sworn officer.
Although authorities have declined to release many details about the current allegations against Fitzpatrick, the woman has filed a civil lawsuit in which she gives her version of events.
She said she was driving in Paramount at 2:50 a.m. when Fitzpatrick pulled her over and questioned her about being drunk. She alleges that he said he suspected she was drunk and informed her she was driving on a suspended license and without insurance.
Fitzpatrick asked her what she would do to avoid going to jail and then asked her to show him her breasts. He touched her breast, the suit states. Fitzpatrick then followed the woman to her home and in the driveway touched her genitals, the suit alleges.
That allegation is similar to what another woman told authorities Fitzpatrick did to her on June 26, 1999. According to district attorney records, Fitzpatrick and his patrol partner stopped a car they suspected was being driven by someone under the influence of alcohol.
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More of the story: http://www.latimes.com/news/local/la-me-sheriff5-2009jul05,0,2474245.story
"I just want to call and tell you good night," the married sergeant said during a 4:22 a.m. call, made just hours after the alleged assault. "I can't wait to talk to you soon."
Four days later, when his messages apparently went unanswered, he struck a more desperate tone.
"Getting the hint you don't want me to call and bug you anymore," Fitzpatrick said. "I hope I am wrong. . . . I really like you."
Prosecutors last month charged Fitzpatrick with sexually assaulting the 31-year-old single mother from Downey. They allege he pulled her over, threatened to arrest or deport her and then touched her genitals against her will.
That same month, he sexually abused two other women while on duty, prosecutors said.
Fitzpatrick, through his attorney, has denied any wrongdoing.
According to interviews and law enforcement records, these are not the first accusations of sexual misconduct against Fitzpatrick during his 19 years with the Sheriff's Department.
County prosecutors reviewed a similar on-duty sexual assault complaint against him 10 years ago but declined to file criminal charges because of insufficient evidence, according to records of the district attorney's office.
And Sheriff's Department officials had investigated charges that he exposed himself to women twice while off duty, law enforcement sources said.
"The pattern here makes it a most troublesome case," said Michael Gennaco, head of the county's Office of Independent Review, a county watchdog agency.
"It is unfortunate that more wasn't done in 1999 to identify additional victims," he said.
District attorney spokeswoman Jane Robison said prosecutors were aware of other accusations, "but we aren't going to comment on the exact number yet, or the circumstances."
The charges against Fitzpatrick and the evidence that the department knew of previous allegations underscore the problem law enforcement agencies face in dealing with charges of sexual assaults by officers.
Sexual assault cases in general are often difficult to prove because of the lack of witnesses other than the accuser and accused.
The problem is even more difficult when the person alleged to have committed the assault is a sworn officer.
Although authorities have declined to release many details about the current allegations against Fitzpatrick, the woman has filed a civil lawsuit in which she gives her version of events.
She said she was driving in Paramount at 2:50 a.m. when Fitzpatrick pulled her over and questioned her about being drunk. She alleges that he said he suspected she was drunk and informed her she was driving on a suspended license and without insurance.
Fitzpatrick asked her what she would do to avoid going to jail and then asked her to show him her breasts. He touched her breast, the suit states. Fitzpatrick then followed the woman to her home and in the driveway touched her genitals, the suit alleges.
That allegation is similar to what another woman told authorities Fitzpatrick did to her on June 26, 1999. According to district attorney records, Fitzpatrick and his patrol partner stopped a car they suspected was being driven by someone under the influence of alcohol.
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More of the story: http://www.latimes.com/news/local/la-me-sheriff5-2009jul05,0,2474245.story
Saturday, July 04, 2009
Trooper Sgt. CD Jones Arrested for DWI
NC Highway Patrol is man short after firing an off duty Trooper Friday. They say Sergeant CD Jones, 48, was in a traffic crash and during the investigation he was charged with a DWI.
In a news release sent out late Friday, Cpt. Everette Clendenin with Highway Patrol said the incident happened around 9:21pm Thursday night. He said Jones sideswiped an SUV while traveling northbound on Lewisville-Clemmons Road in Forsyth County.
During the investigation Troopers charged him with DWI after his BAC registered point twenty-two (.22).
Friday, Jones was relieved of his duties as a state trooper. Jones joined the Patrol in December 1985 and had been working out of the Winston-Salem office.
The highway Patrol is conducting an internal investigation.
In a news release sent out late Friday, Cpt. Everette Clendenin with Highway Patrol said the incident happened around 9:21pm Thursday night. He said Jones sideswiped an SUV while traveling northbound on Lewisville-Clemmons Road in Forsyth County.
During the investigation Troopers charged him with DWI after his BAC registered point twenty-two (.22).
Friday, Jones was relieved of his duties as a state trooper. Jones joined the Patrol in December 1985 and had been working out of the Winston-Salem office.
The highway Patrol is conducting an internal investigation.
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Friday, July 03, 2009
Deputy Joseph McKinney Charged with Sending Naked Photos to Teen
Marion County sheriff’s deputy has been charged with sending photos of himself posing naked to a 17-year-old girl’s cell phone.
A criminal complaint filed in Marion County Magistrate Court charged Cpl. Joseph B. McKinney with felony distribution and display of obscene matter to a minor. McKinney, a Worthington resident, posted $5,000 bond Thursday after State Police arrested him.
Marion County Sheriff Joe Carpenter says the 43-year-old McKinney has been placed on administrative leave.
It wasn’t immediately known whether McKinney had an attorney. A call to Magistrate Court went unanswered Friday.
A criminal complaint filed in Marion County Magistrate Court charged Cpl. Joseph B. McKinney with felony distribution and display of obscene matter to a minor. McKinney, a Worthington resident, posted $5,000 bond Thursday after State Police arrested him.
Marion County Sheriff Joe Carpenter says the 43-year-old McKinney has been placed on administrative leave.
It wasn’t immediately known whether McKinney had an attorney. A call to Magistrate Court went unanswered Friday.
Officer Donnie Breeden Arrested for Hit and Run
Pittsburgh Police arrested a Crafton Police officer this morning on charges he struck and killed a 24-year-old man with his vehicle, then fled from the scene, two years ago in the South Side.
Donnie L. Breeden, 38, of Green Tree, turned himself in this morning at police headquarters in the North Side. He was taken to the Allegheny County Jail and was being arraigned this afternoon on charges of involuntary manslaughter and causing an accident involving death or personal injury.
Assistant Police Chief Maurita Bryant said investigators received an anonymous tip three days ago leading them to Breeden.
"We were able to obtain a warrant for — I don't even want to say officer — for Breeden," Bryant said at a news conference this afternoon. "This is like a slap in the face for every police officer who honors the badge. You stop, you render aid and you wait for officers to arrive. ... He chose to keep going and keep it a secret all this time."
Police have examined Breeden's vehicle — a 2003 Chevy Trailblazer — and found areas that have been repaired, Bryant said.
The victim, David Hall of Moon, died after he was struck first by Breeden's vehicle, and then by two others, at about 11:40 p.m. July 20, 2007 in the westbound lane near the Duquesne Incline, police said.
More people could be charged, Bryant said, adding that some of Breeden's "acquaintances" were following him in another vehicle and saw him hit Hall. The group was driving to a bar or club in the South Side, she said.
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Other Information: http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_632426.html
Donnie L. Breeden, 38, of Green Tree, turned himself in this morning at police headquarters in the North Side. He was taken to the Allegheny County Jail and was being arraigned this afternoon on charges of involuntary manslaughter and causing an accident involving death or personal injury.
Assistant Police Chief Maurita Bryant said investigators received an anonymous tip three days ago leading them to Breeden.
"We were able to obtain a warrant for — I don't even want to say officer — for Breeden," Bryant said at a news conference this afternoon. "This is like a slap in the face for every police officer who honors the badge. You stop, you render aid and you wait for officers to arrive. ... He chose to keep going and keep it a secret all this time."
Police have examined Breeden's vehicle — a 2003 Chevy Trailblazer — and found areas that have been repaired, Bryant said.
The victim, David Hall of Moon, died after he was struck first by Breeden's vehicle, and then by two others, at about 11:40 p.m. July 20, 2007 in the westbound lane near the Duquesne Incline, police said.
More people could be charged, Bryant said, adding that some of Breeden's "acquaintances" were following him in another vehicle and saw him hit Hall. The group was driving to a bar or club in the South Side, she said.
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Other Information: http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_632426.html
Terrance Releford Wins Lawsuit Against Tukwila Police
A homeless felon, who was zapped with two Tasers simultaneously -- twice -- during a 2006 arrest, has settled his federal civil-rights lawsuit against Tukwila police for $12,500, according to his attorney.
The settlement comes after a federal judge ruled that the two officers violated the rights of Terrance Releford and were too quick to use their Tasers after confronting Releford outside a Tukwila convenience store to arrest him on outstanding misdemeanor warrants on June 5, 2006.
According to court documents and police reports, Releford -- who stands 6-foot-5 and weighs upward of 300 pounds -- found himself between two Tukwila officers, both armed with Tasers.
Both officers ordered him to turn around. When he hesitated at the conflicting commands, the officers fired their stun guns simultaneously, knocking him to the ground with a combined 100,000 volts, the documents say.
A third officer was present, but didn’t participate and wasn’t sued.
While on the ground, the officers ordered him to roll onto his stomach and place his arms behind his back, according to the documents. Releford rolled over, but claims he didn’t hear the command to put his hands behind his back, according to his Seattle attorney, Lynne Wilson.
When he hesitated, the officers simultaneously Tasered him a second time, just nine seconds after the first jolt, according to court records.
Releford sued without the help of an attorney and argued his case alone. Last fall, a federal magistrate judge found that officers Josh Vivet and Mike Richardson used excessive force and recommended the case go to trial. U.S. Magistrate Judge Mary Alice Theiler also recommended that a federal judge appoint an attorney to help the 40-year-old Releford prepare his case.
In late February, U.S. District Judge Ricardo Martinez adopted most of Theiler’s recommendations and appointed Wilson to represent Releford, who has been either in a halfway house or prison since the incident.
He’s currently serving a four-year term for escape at McNeil Island Correctional Center and was not available for comment.
Telephone messages left with Tukwila City attorney Shelley Kerslake and the firm that represented the city, Keating Buckland & McCormick, were not returned Thursday.
A police internal investigation had cleared both officers of claims they had used excessive force.
Wilson said the city and Releford participated in negotiations earlier this week that ended with the settlement.
“Mr. Releford is very pleased with this outcome,” she said. “This incident was very painful. He had serious emotional issues afterward.”
Among the factors driving the settlement, she said, was that Releford -- despite his size and a long history of run-ins with the law -- had never been violent toward officers. In fact, she said, records showed that Vivet had arrested Releford six times in the eight months before the incident, all without incident.
The city dropped resisting-arrest charges that were filed by the officers after the incident, she said.
“He didn’t resist,” she said. “They just didn’t give him time to comply.”
She said the officers didn’t adequately consider their other options before resorting to the use of Tasers, she said. Theiler, in her report, pointed out that the officers had Releford outnumbered 3-1.
The settlement comes after a federal judge ruled that the two officers violated the rights of Terrance Releford and were too quick to use their Tasers after confronting Releford outside a Tukwila convenience store to arrest him on outstanding misdemeanor warrants on June 5, 2006.
According to court documents and police reports, Releford -- who stands 6-foot-5 and weighs upward of 300 pounds -- found himself between two Tukwila officers, both armed with Tasers.
Both officers ordered him to turn around. When he hesitated at the conflicting commands, the officers fired their stun guns simultaneously, knocking him to the ground with a combined 100,000 volts, the documents say.
A third officer was present, but didn’t participate and wasn’t sued.
While on the ground, the officers ordered him to roll onto his stomach and place his arms behind his back, according to the documents. Releford rolled over, but claims he didn’t hear the command to put his hands behind his back, according to his Seattle attorney, Lynne Wilson.
When he hesitated, the officers simultaneously Tasered him a second time, just nine seconds after the first jolt, according to court records.
Releford sued without the help of an attorney and argued his case alone. Last fall, a federal magistrate judge found that officers Josh Vivet and Mike Richardson used excessive force and recommended the case go to trial. U.S. Magistrate Judge Mary Alice Theiler also recommended that a federal judge appoint an attorney to help the 40-year-old Releford prepare his case.
In late February, U.S. District Judge Ricardo Martinez adopted most of Theiler’s recommendations and appointed Wilson to represent Releford, who has been either in a halfway house or prison since the incident.
He’s currently serving a four-year term for escape at McNeil Island Correctional Center and was not available for comment.
Telephone messages left with Tukwila City attorney Shelley Kerslake and the firm that represented the city, Keating Buckland & McCormick, were not returned Thursday.
A police internal investigation had cleared both officers of claims they had used excessive force.
Wilson said the city and Releford participated in negotiations earlier this week that ended with the settlement.
“Mr. Releford is very pleased with this outcome,” she said. “This incident was very painful. He had serious emotional issues afterward.”
Among the factors driving the settlement, she said, was that Releford -- despite his size and a long history of run-ins with the law -- had never been violent toward officers. In fact, she said, records showed that Vivet had arrested Releford six times in the eight months before the incident, all without incident.
The city dropped resisting-arrest charges that were filed by the officers after the incident, she said.
“He didn’t resist,” she said. “They just didn’t give him time to comply.”
She said the officers didn’t adequately consider their other options before resorting to the use of Tasers, she said. Theiler, in her report, pointed out that the officers had Releford outnumbered 3-1.
Judge John Thaddeus Doyle Arrested for Drunk Driving
A Los Angeles County Superior Court judge was arrested for suspicion of drunken driving in Baldwin Hills.
Judge John Thaddeus Doyle, 56, was arrested around 11:15 p.m. Thursday by officers from the Los Angeles Police Department's South Traffic Division, according to the Los Angeles County Sheriff's Department.
Doyle was pulled over in the 4500 block of Don Felipe Drive, near La Brea Avenue, for a traffic violation, the Los Angeles Times reported.
Doyle was released at 4:36 a.m. today on $30,000 bail.
Doyle is assigned to courthouses in Compton and Glendale.
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http://www.mercurynews.com/breakingnews/ci_12751716?nclick_check=1
Judge John Thaddeus Doyle, 56, was arrested around 11:15 p.m. Thursday by officers from the Los Angeles Police Department's South Traffic Division, according to the Los Angeles County Sheriff's Department.
Doyle was pulled over in the 4500 block of Don Felipe Drive, near La Brea Avenue, for a traffic violation, the Los Angeles Times reported.
Doyle was released at 4:36 a.m. today on $30,000 bail.
Doyle is assigned to courthouses in Compton and Glendale.
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http://www.mercurynews.com/breakingnews/ci_12751716?nclick_check=1
Officer James Rashad Eldridge Arrested for Domestic Violence
A Wilmington police officer is in custody at the Brunswick County jail, said Beth Boling, an assistant to the sheriff.
James Rashad Eldridge, who has worked for the Wilmington Police Department since August 2006, was charged with assault on a female, according to reports.
Boling said Eldridge, of Leland, was arrested Wednesday night.
An arrest warrant charging Eldridge with a misdemeanor says he kicked a woman in the head and grabbed her arms.
A domestic violence form filed in connection with the case says a gun was involved in the incident, but doesn’t say how. The form also identifies the victim as Eldridge’s spouse. The form says there is a prior history of documented domestic violence allegations between Eldridge and the victim. But there was no restraining order in place at the time of the incident, the form says.
Eldridge, 32, has worked as a patrol officer since Jan. 31, 2007, after he completed his training, said WPD spokeswoman Lucy Crockett.
After his arrest, Eldridge was put on leave without pay, pending the outcome of an internal investigation by the police department, Crockett said.
His bond was set at $5,000, and he waived his right to a court-appointed attorney, according to the Brunswick County clerk of court’s office.
Woman Accuses San Antonio Officer of Sexual Assault
City police are investigating a complaint from a woman who says she was sexually assaulted by a uniformed officer who was on duty. San Antonio police say the woman told them the alleged incident happened last Friday night on the East Side.
A spokeswoman for the police department said that the 46-year-old woman who filed the complaint had a couple of different versions of the events. One is that she was sexually assaulted in a wooded area; the other is that she was sexually assaulted in a patrol car.
Police Chief Bill McManus says, "The San Antonio Police Department does not and will not tolerate such conduct, so we'll wait to see how this plays out and take whatever action necessary."
McManus says the investigation has been turned over to the Internal Affairs Department and the department is "moving very swiftly to complete that investigation."
SAPD is not releasing the officer's name because he is not facing any charges at this time and there isn't a warrant for his arrest. The officer is a four-year veteran of the force and he is on administrative leave pending the outcome of the investigation.
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Information: http://www.mysanantonio.com/news/local_news/49772662.html
A spokeswoman for the police department said that the 46-year-old woman who filed the complaint had a couple of different versions of the events. One is that she was sexually assaulted in a wooded area; the other is that she was sexually assaulted in a patrol car.
Police Chief Bill McManus says, "The San Antonio Police Department does not and will not tolerate such conduct, so we'll wait to see how this plays out and take whatever action necessary."
McManus says the investigation has been turned over to the Internal Affairs Department and the department is "moving very swiftly to complete that investigation."
SAPD is not releasing the officer's name because he is not facing any charges at this time and there isn't a warrant for his arrest. The officer is a four-year veteran of the force and he is on administrative leave pending the outcome of the investigation.
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Information: http://www.mysanantonio.com/news/local_news/49772662.html
11 Boston Officers Suspended for Steroid Abuse
Several Boston police officers have been suspended in connection with a three-year investigation into steroid abuse that involved improper conduct at an after-hours club.
"I am disappointed with the actions of the officers disciplined in this matter. With this chapter finally closed, the department will move forward with improved policies and practices resulting from difficult lessons learned. We remain steadfast in our dedication to preserving the integrity of our department by taking every measure to prevent and when necessary uncover officer misconduct," Boston Police Commissioner Ed Davis said.
In all, 11 officers were disciplined, including two detectives. The discipline ranged from a written reprimand to an 80-day suspension.
Investigators identified 24 Factory Street in Hyde Park as an after-hours party location. The facility is no longer an after-hours club. But in 2006, police said it was used by disgraced Boston Police Officer Roberto Polido and other officers for sex and drugs, including steroids.
Polido pleaded guilty to his crimes, and two other Boston police officers were also charged in the corruption probe.
The Boston Police Department commissioner announced an end to the investigation and disciplined more officers for their role in the scandal.
"I am disappointed with the actions of the officers disciplined in this matter. With this chapter finally closed, the department will move forward with improved policies and practices resulting from difficult lessons learned. We remain steadfast in our dedication to preserving the integrity of our department by taking every measure to prevent and when necessary uncover officer misconduct," Boston Police Commissioner Ed Davis said.
Davis said the department has learned lessons from the investigation and that changes have been made.
"I'm exploring the possible of including steroid testing in the annual drug testing policy," he said.
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http://wbztv.com/local/police.steroid.abuse.2.1069391.html
"I am disappointed with the actions of the officers disciplined in this matter. With this chapter finally closed, the department will move forward with improved policies and practices resulting from difficult lessons learned. We remain steadfast in our dedication to preserving the integrity of our department by taking every measure to prevent and when necessary uncover officer misconduct," Boston Police Commissioner Ed Davis said.
In all, 11 officers were disciplined, including two detectives. The discipline ranged from a written reprimand to an 80-day suspension.
Investigators identified 24 Factory Street in Hyde Park as an after-hours party location. The facility is no longer an after-hours club. But in 2006, police said it was used by disgraced Boston Police Officer Roberto Polido and other officers for sex and drugs, including steroids.
Polido pleaded guilty to his crimes, and two other Boston police officers were also charged in the corruption probe.
The Boston Police Department commissioner announced an end to the investigation and disciplined more officers for their role in the scandal.
"I am disappointed with the actions of the officers disciplined in this matter. With this chapter finally closed, the department will move forward with improved policies and practices resulting from difficult lessons learned. We remain steadfast in our dedication to preserving the integrity of our department by taking every measure to prevent and when necessary uncover officer misconduct," Boston Police Commissioner Ed Davis said.
Davis said the department has learned lessons from the investigation and that changes have been made.
"I'm exploring the possible of including steroid testing in the annual drug testing policy," he said.
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http://wbztv.com/local/police.steroid.abuse.2.1069391.html
Corrections Officer Michelle Hung Charged with Helping Inmate Escape
A corrections officer has been charged with helping an inmate escape, deputies said.
The Osceola County Sheriff's Office has charged corrections officer Michelle Hung with 13 felonies for her involvement with Angel Santiago's attempted escape from the Osceola County Jail on June 22.
Detectives said Hung and Santiago had developed an elaborate plan for Santiago's escape.
Hung was charged with filing a false police report after detectives showed her evidence, which contradicted her statements about the escape attempt, the sheriff's office said.
In addition, Hung was charged as principal to all of the felonies Santiago was charged with, including kidnapping, armed robbery, aggravated assault, attempted escape, two counts of introducing contraband into a detention facility, possession of a firearm by a convicted felon, impersonating an officer and resisting with violence.
Hung is also charged with two counts each of depriving an officer of means of protection and unlawful use of a two-way communication device.
The Osceola County Sheriff's Office has charged corrections officer Michelle Hung with 13 felonies for her involvement with Angel Santiago's attempted escape from the Osceola County Jail on June 22.
Detectives said Hung and Santiago had developed an elaborate plan for Santiago's escape.
Hung was charged with filing a false police report after detectives showed her evidence, which contradicted her statements about the escape attempt, the sheriff's office said.
In addition, Hung was charged as principal to all of the felonies Santiago was charged with, including kidnapping, armed robbery, aggravated assault, attempted escape, two counts of introducing contraband into a detention facility, possession of a firearm by a convicted felon, impersonating an officer and resisting with violence.
Hung is also charged with two counts each of depriving an officer of means of protection and unlawful use of a two-way communication device.
Officer Charged IMAGES:
David Cade Arrested for Having Sexual Encounter with Inmate
A Dallas County jail guard has been arrested for having some sort of sexual encounter with an inmate.
It's unclear exactly what David Cade allegedly did because the Dallas County Sheriff's Department won't say -- even though they have arrested him and charged him.
Raul Reyna, a sheriff's spokesman, said Cade faces two charges of improper sexual activity with a person in custody. He said Cade was arrested yesterday when he came in to be interviewed at the sheriff's criminal investigations division about 1 p.m.
Cade was released early this morning on bond (set at $2,500 for each charge), Reyna said.
Thursday, July 02, 2009
Officer Gregory Zach Investigated for Punching Woman
The Stamford Police Department is investigating the conduct of a police officer who assaulted a woman during an arrest last week.
According to Lt. Sean Cooney, Officer Gregory Zach punched Brenda Mazariegos, 40, while arresting her for driving without a license Friday in the parking lot behind The Palms nightclub - a nightclub Mazariegos owns.
A photograph of a Mazariegos, that has been splashed on local newspapers and TV stations, shows the victim with a large bump on her head - a result from her alleged assault by the officer.
Mazariegos has yet to file a formal complaint, but it's not preventing the department from investigating the incident.
Cooney told PIX News that officials are pursuing the investigation due in part by the serious allegations and the fact that the incident occurred at a public event. The release of the photograph has made the incident a high-profile case, prompting a probe in the assault, he added.
According to Cooney, the officer is not denying that he assaulted Mazariegos and in fact says the woman was the one who attacked him first, forcing him to protect himself by punching her back, he said.
A surveillance video from the parking lot where the assault occurred has surfaced, however investigators say the video is too grainy to make anything out.
"We hold our officers to very high standards and know that the public is entitled to expect nothing less," said Cooney.
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http://www.stamfordadvocate.com/ci_12736236?source=most_viewed
Former Officer Mike Shamahs Sentenced to 19 Years
A federal judge sentenced a former Chicago police officer to more than 19 years in prison Thursday for raiding a storage locker and stealing what he believed was $30,000 in drug cash.
U.S. District Judge Robert Gettleman said he believes there are two Mahmoud "Mike" Shamahs -- one the loving husband of a schoolteacher and father of a 4-year-old boy and the other a South Side tactical officer who thought he could brazenly steal on the job.
Some of the victims were drug dealers who had a few hundred dollars taken from them at a time, the judge noted.
"But the most direct victims are the people you love the most," Gettleman told Shamah before sentencing him to 19 years and 4 months in prison. "I'm sorry you didn't think about that before you did your first robbery."
A federal jury convicted Shamah in December of racketeering and conspiracy in a series of robberies while working in the Morgan Park District with partner Richard Doroniuk. They were snared in an FBI sting in 2006.
Doroniuk testified against his partner at the trial, saying officers routinely carried a little crack cocaine to plant on suspects when searches came up empty and stole cash from drug dealers during raids and traffic stops. He also said they routinely paid informants, falsified reports, lied in court and even kicked back cash to an undisclosed judge for pushing through a bogus warrant.
Gettleman said he thought federal guidelines that called for a minimum sentence of about 24 years in prison were too harsh, especially because Doroniuk was sentenced to less than 11 years earlier this week.
Shamah, dressed in a gray pinstriped suit, pulled a prepared statement from a jacket pocket and pleaded for mercy. He said he took responsibility for his actions, but he also blamed a system that stresses arrests over good policework for eroding how he thought of his duties.
"I lost respect for my job, your honor," Shamah said. "I lost the police officer I wanted to be."
Assistant U.S. Atty. Meghan Morrissey called for a stiffer sentence because Shamah used a weapon and body armor during the robberies.
Prosecutors said Shamah pocketed half of the $30,000 in the FBI sting and about $1,700 more from traffic stops and arrests.
Morrissey said Shamah contributed to the general distrust of the police.
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http://www.chicagobreakingnews.com/2009/07/former-cop-gets-to-19-years-in-prison.html
U.S. District Judge Robert Gettleman said he believes there are two Mahmoud "Mike" Shamahs -- one the loving husband of a schoolteacher and father of a 4-year-old boy and the other a South Side tactical officer who thought he could brazenly steal on the job.
Some of the victims were drug dealers who had a few hundred dollars taken from them at a time, the judge noted.
"But the most direct victims are the people you love the most," Gettleman told Shamah before sentencing him to 19 years and 4 months in prison. "I'm sorry you didn't think about that before you did your first robbery."
A federal jury convicted Shamah in December of racketeering and conspiracy in a series of robberies while working in the Morgan Park District with partner Richard Doroniuk. They were snared in an FBI sting in 2006.
Doroniuk testified against his partner at the trial, saying officers routinely carried a little crack cocaine to plant on suspects when searches came up empty and stole cash from drug dealers during raids and traffic stops. He also said they routinely paid informants, falsified reports, lied in court and even kicked back cash to an undisclosed judge for pushing through a bogus warrant.
Gettleman said he thought federal guidelines that called for a minimum sentence of about 24 years in prison were too harsh, especially because Doroniuk was sentenced to less than 11 years earlier this week.
Shamah, dressed in a gray pinstriped suit, pulled a prepared statement from a jacket pocket and pleaded for mercy. He said he took responsibility for his actions, but he also blamed a system that stresses arrests over good policework for eroding how he thought of his duties.
"I lost respect for my job, your honor," Shamah said. "I lost the police officer I wanted to be."
Assistant U.S. Atty. Meghan Morrissey called for a stiffer sentence because Shamah used a weapon and body armor during the robberies.
Prosecutors said Shamah pocketed half of the $30,000 in the FBI sting and about $1,700 more from traffic stops and arrests.
Morrissey said Shamah contributed to the general distrust of the police.
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http://www.chicagobreakingnews.com/2009/07/former-cop-gets-to-19-years-in-prison.html
Oregon Wrongful Death Settlement Reached Between the City of Sandy and the Family of Man Shot by Police
Last December, in the Portland, Oregon personal injury law firm blog post about a wrongful death case filed against the city of Sandy and a number of individuals over the police shooting death of a Gresham man. This week, an announcement was made that the family of 27-year-old Fouad Kaady has reached a $1 million settlement with the Oregon city and former police officer William J. Bergin.
Kaady was burned, naked, and bleeding when Officer Bergin and Clackamas County sheriff's Deputy David E. Willard approached him on September 8, 2005. Kaady reportedly was behaving erratically and would not cooperate with police. He had also just rear-ended three motor vehicles and damaged the vehicle he was driving. According to witnesses, Kaady, who has a history of mental illness, was making wolf-like sounds.
To apprehend Kaady, police at first used a stun gun and shocked him several times. They then shot him seven times after he jumped on top of a police car.
Kaady’s family says that the reason he was in such a disturbed state was that the can of gas he was transporting caught on fire, which caused him to hit another motor vehicle. He ripped his clothes off to get away from the flames and was in need of help. The 27-year-old's family believes that he sustained head injuries during the crash that caused him to behave strangely.
The plaintiffs have accused police of not knowing how to deal with someone coping with mental illness. Their Oregon wrongful death lawsuit accused police of excessive use of force and civil rights violations.
By settling, the city of Sandy is not admitting liability. The family's Clackamas County wrongful death lawsuit against the County and Willard is still moving forward.
Police BrutalityPolice are never supposed to use excessive force in any situation. Police brutality is a civil rights violation and an abuse of police power that can be a reason for why a victim or his or her family might choose to file a Portland, Oregon personal injury lawsuit or wrongful death claim.
Just last week, the Multnomah County Board of Commissioners gave its stamp of approval for a $925,000 Portland, Oregon wrongful death settlement to be paid to the family of James Chasse for his police brutality-related death in 2006.
Police chased down Chasse after they spotted him urinating in public. There are conflicting reports as to how they apprehended him. However, he sustained 16 broken ribs and a punctured lung. Chasse died while being transported in a police car to a hospital. Chasse suffered from schizophrenia.
Multco board approves $925,000 payment for Chasse's family, KATU.com, July 2, 2009
$1 million settlement reached in 2005 shooting near Sandy, OregonLive.com, July 1, 2009
Oregon Wrongful Death Trial Alleging Police Brutality Toward Unarmed Portland Man Can Move Forward, Says Federal Judge, OregonInjuryLawyerBlog.com, December 1, 2008
Related Web Resources:Clackamas County, Oregon
Multnomah County
Truly Reforming Law Enforcement-Ending Police Brutality!
Kaady was burned, naked, and bleeding when Officer Bergin and Clackamas County sheriff's Deputy David E. Willard approached him on September 8, 2005. Kaady reportedly was behaving erratically and would not cooperate with police. He had also just rear-ended three motor vehicles and damaged the vehicle he was driving. According to witnesses, Kaady, who has a history of mental illness, was making wolf-like sounds.
To apprehend Kaady, police at first used a stun gun and shocked him several times. They then shot him seven times after he jumped on top of a police car.
Kaady’s family says that the reason he was in such a disturbed state was that the can of gas he was transporting caught on fire, which caused him to hit another motor vehicle. He ripped his clothes off to get away from the flames and was in need of help. The 27-year-old's family believes that he sustained head injuries during the crash that caused him to behave strangely.
The plaintiffs have accused police of not knowing how to deal with someone coping with mental illness. Their Oregon wrongful death lawsuit accused police of excessive use of force and civil rights violations.
By settling, the city of Sandy is not admitting liability. The family's Clackamas County wrongful death lawsuit against the County and Willard is still moving forward.
Police BrutalityPolice are never supposed to use excessive force in any situation. Police brutality is a civil rights violation and an abuse of police power that can be a reason for why a victim or his or her family might choose to file a Portland, Oregon personal injury lawsuit or wrongful death claim.
Just last week, the Multnomah County Board of Commissioners gave its stamp of approval for a $925,000 Portland, Oregon wrongful death settlement to be paid to the family of James Chasse for his police brutality-related death in 2006.
Police chased down Chasse after they spotted him urinating in public. There are conflicting reports as to how they apprehended him. However, he sustained 16 broken ribs and a punctured lung. Chasse died while being transported in a police car to a hospital. Chasse suffered from schizophrenia.
Multco board approves $925,000 payment for Chasse's family, KATU.com, July 2, 2009
$1 million settlement reached in 2005 shooting near Sandy, OregonLive.com, July 1, 2009
Oregon Wrongful Death Trial Alleging Police Brutality Toward Unarmed Portland Man Can Move Forward, Says Federal Judge, OregonInjuryLawyerBlog.com, December 1, 2008
Related Web Resources:Clackamas County, Oregon
Multnomah County
Truly Reforming Law Enforcement-Ending Police Brutality!
Detention Officer Gregory Heiser Arrested for Having Sex with 16-year-old
A 43-year-old detention officer at the Hernando County jail was arrested Tuesday on charges that he had sex with a 16-year-old girl.
The girl told Pasco deputies that in February and May, she had sex with Gregory C. Heiser of Hudson. Two juveniles told authorities they saw Heiser at the girl's bedroom window one night, and the girl later told them that Heiser told her that her pregnancy test came back negative.
According to the Pasco County Sheriff's Office, Heiser told the girl's mother that he was in love with the girl, who is not being identified because of the nature of the allegations. He gave the girl a cell phone and a key to his house, which deputies found and placed into evidence, the sheriff's report said.
Hernando jail Warden Russell Washburn said Heiser has been placed on paid leave while the jail conducts its own investigation into the allegations.
"Anytime a person in this industry finds themselves on the opposite side," Washburn said, "it's a blemish on the entire industry."
Heiser faces two charges of unlawful sexual activity with a minor. He is also being held on a warrant for a sexual battery charge involving a 39-year-old victim.
That victim told authorities that Heiser invited her to his home last year and sexually assaulted her, Pasco sheriff's spokesman Kevin Doll said. He declined to provide any further details, saying that case is under investigation.
Heiser has worked as a corrections officer for 13 years, starting in 1996 through 1999 at the Hernando County jail, according to his personnel file.
Since then, Heiser, who is divorced and has a son, has worked various stints for the state Department of Corrections and the Sumter and Pasco jails.
Heiser returned to the Hernando County jail for a second time in April 2008, but soon faced disciplinary action. He twice received written reprimands for sleeping at his post — once on the day he was hired.
In January, he again fell asleep at work, and received a three-day suspension without pay.
In April, he was suspended for three days without pay for violating security procedures involving an incident where corrections officers used excessive force on an inmate.
His annual review in 2008 said he "seriously compromises security when he is not attentive while on duty."
Records indicate Heiser was convicted of DUI charges in 1998 and 2008.
He remains at the Land O'Lakes jail for the latest charges on $70,000 bail.
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http://www2.hernandotoday.com/content/2009/jul/02/pa-jailer-finds-himself-behind-bars/
The girl told Pasco deputies that in February and May, she had sex with Gregory C. Heiser of Hudson. Two juveniles told authorities they saw Heiser at the girl's bedroom window one night, and the girl later told them that Heiser told her that her pregnancy test came back negative.
According to the Pasco County Sheriff's Office, Heiser told the girl's mother that he was in love with the girl, who is not being identified because of the nature of the allegations. He gave the girl a cell phone and a key to his house, which deputies found and placed into evidence, the sheriff's report said.
Hernando jail Warden Russell Washburn said Heiser has been placed on paid leave while the jail conducts its own investigation into the allegations.
"Anytime a person in this industry finds themselves on the opposite side," Washburn said, "it's a blemish on the entire industry."
Heiser faces two charges of unlawful sexual activity with a minor. He is also being held on a warrant for a sexual battery charge involving a 39-year-old victim.
That victim told authorities that Heiser invited her to his home last year and sexually assaulted her, Pasco sheriff's spokesman Kevin Doll said. He declined to provide any further details, saying that case is under investigation.
Heiser has worked as a corrections officer for 13 years, starting in 1996 through 1999 at the Hernando County jail, according to his personnel file.
Since then, Heiser, who is divorced and has a son, has worked various stints for the state Department of Corrections and the Sumter and Pasco jails.
Heiser returned to the Hernando County jail for a second time in April 2008, but soon faced disciplinary action. He twice received written reprimands for sleeping at his post — once on the day he was hired.
In January, he again fell asleep at work, and received a three-day suspension without pay.
In April, he was suspended for three days without pay for violating security procedures involving an incident where corrections officers used excessive force on an inmate.
His annual review in 2008 said he "seriously compromises security when he is not attentive while on duty."
Records indicate Heiser was convicted of DUI charges in 1998 and 2008.
He remains at the Land O'Lakes jail for the latest charges on $70,000 bail.
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http://www2.hernandotoday.com/content/2009/jul/02/pa-jailer-finds-himself-behind-bars/
Wednesday, July 01, 2009
Probation Officer Joseph Nicholas Gama Charged with Child Molestation
That's what Shasta County Superior Court Judge Bradley Boeckman told jurors Tuesday before attorneys launched into their opening statements in the trial of a federal probation officer accused of molesting three children.
Joseph Nicholas Gama, 46, of Redding is charged with five counts of felony child molestation and three enhancements.
Deputy District Attorney Ben Hanna said that Gama is accused of molesting three young girls in two separate instances in the late 1990s or early 2000s and a third in the mid-2000s.
But, Hanna told jurors, they were not Gama's only victims. A fourth alleged victim was identified, but charges were not filed in that late 1980s case because the statute of limitations had expired. Hanna said that girl was about 13 when Gama befriended her, only to betray that trust.
"His crimes happened in secret, but now they are in the open," Hanna said after he described the alleged molestations in detail.
But Gama's defense attorney, Eric Berg of Redding, said his client is being unfairly railroaded, pure and simple.
One of the girls, he told jurors, said that she does not remember having been molested by Gama. The claims of a second girl were investigated in 2006 and dropped because of insufficient evidence, and the third girl suffers from a mental health condition that prevents her from giving or receiving affection, Berg said.
The fourth girl's story also is highly questionable because she has a history of making sexual molestation accusations, Berg said.
Berg said his client is above reproach, has long been a respected community member and was president of a youth soccer league. Gama is free in lieu of $350,000 bail.
Joseph Nicholas Gama, 46, of Redding is charged with five counts of felony child molestation and three enhancements.
Deputy District Attorney Ben Hanna said that Gama is accused of molesting three young girls in two separate instances in the late 1990s or early 2000s and a third in the mid-2000s.
But, Hanna told jurors, they were not Gama's only victims. A fourth alleged victim was identified, but charges were not filed in that late 1980s case because the statute of limitations had expired. Hanna said that girl was about 13 when Gama befriended her, only to betray that trust.
"His crimes happened in secret, but now they are in the open," Hanna said after he described the alleged molestations in detail.
But Gama's defense attorney, Eric Berg of Redding, said his client is being unfairly railroaded, pure and simple.
One of the girls, he told jurors, said that she does not remember having been molested by Gama. The claims of a second girl were investigated in 2006 and dropped because of insufficient evidence, and the third girl suffers from a mental health condition that prevents her from giving or receiving affection, Berg said.
The fourth girl's story also is highly questionable because she has a history of making sexual molestation accusations, Berg said.
Berg said his client is above reproach, has long been a respected community member and was president of a youth soccer league. Gama is free in lieu of $350,000 bail.
Officer Jeffrey Robinson Admitts to Slashing Homeless Man's Bike Tires
A police officer for Tarpon Springs has resigned after admitting to slashing a homeless man's bicycle tires.
The police officer said today it was retaliation.
Surveillance video from back in February shows officer Jeffrey Robinson taking the bike out of a storage unit.
His superiors said today that he took a knife, cut the tires on the bicycle, and put it back into storage.
The bike belonged to a homeless man named John Bilawsky, who Robinson arrested eight days earlier.
"According to officer Robinson, while he was transporting Mr. Bilawsky, Mr Bilawsky made several racial slurs against the officer and the officer stated he was damaging the bicycle in retaliation for those racial slurs," said Lt. Barb Templeton, with the Tarpon Springs Police Department.
The Tarpon Springs police say they were investigating Robinson, but he resigned before the investigation was complete.
This was the first time the officer ever faced disciplinary action.
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http://www.abcactionnews.com/news/local/story/Tarpon-police-officer-accused-of-slashing-mans/E2owj29IkUaEPFmbecNYRg.cspx
The police officer said today it was retaliation.
Surveillance video from back in February shows officer Jeffrey Robinson taking the bike out of a storage unit.
His superiors said today that he took a knife, cut the tires on the bicycle, and put it back into storage.
The bike belonged to a homeless man named John Bilawsky, who Robinson arrested eight days earlier.
"According to officer Robinson, while he was transporting Mr. Bilawsky, Mr Bilawsky made several racial slurs against the officer and the officer stated he was damaging the bicycle in retaliation for those racial slurs," said Lt. Barb Templeton, with the Tarpon Springs Police Department.
The Tarpon Springs police say they were investigating Robinson, but he resigned before the investigation was complete.
This was the first time the officer ever faced disciplinary action.
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http://www.abcactionnews.com/news/local/story/Tarpon-police-officer-accused-of-slashing-mans/E2owj29IkUaEPFmbecNYRg.cspx
Officer Craig Swistowicz Charged with Violating Civil Rights
A Chicago police officer has been indicted for allegedly using "unreasonable force" on a suspect, causing him injury, court documents said.
Officer Craig Swistowicz, 38, was charged with "depriving another individual of his civil rights in violation" of federal law. The indictment said the officer struck the alleged victim.
A statement from the Milwaukee U.S. attorney's office -- the Chicago office withdrew from the case to avoid a conflict of interest -- gave few details of the case. However, Swistowicz, a 12-year veteran, was a member of the federal-local High Intensity Drug Trafficking Area task force.
The alleged victim was identified in the indictment only as "J.P." and was said to have suffered an unspecified injury. Court documents did not identify the race of either the officer or the alleged victim.
The federal statement said since the arrested man allegedly suffered an injury from a blow by Swistowicz, if convicted the officer faces a fine of not more than $250,000, imprisonment for not more than 10 years, or both.
Officer Craig Swistowicz, 38, was charged with "depriving another individual of his civil rights in violation" of federal law. The indictment said the officer struck the alleged victim.
A statement from the Milwaukee U.S. attorney's office -- the Chicago office withdrew from the case to avoid a conflict of interest -- gave few details of the case. However, Swistowicz, a 12-year veteran, was a member of the federal-local High Intensity Drug Trafficking Area task force.
The alleged victim was identified in the indictment only as "J.P." and was said to have suffered an unspecified injury. Court documents did not identify the race of either the officer or the alleged victim.
The federal statement said since the arrested man allegedly suffered an injury from a blow by Swistowicz, if convicted the officer faces a fine of not more than $250,000, imprisonment for not more than 10 years, or both.
Former Sheriff Richard McElhaney Arrested for DUI
Former Grainger County Sheriff Richard McElhaney was arrested on a DUI charge Monday by the Tennessee Highway Patrol.
McElhaney, 55, is also charged with violating the implied consent law.
He was pulled over at 4:00 p.m. for weaving on Highway 11W west of Rutledge in the Joppa community as he drove a 1993 Chevrolet pick-up truck.
The Highway Patrol says McElhaney refused a breathalyzer test.
He was released from the Grainger County Jail on bond.
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http://www.wbir.com/news/local/story.aspx?storyid=91913&catid=2
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