More women have come forward to accuse a Saratoga County sheriff's deputy of forced sexual contact while he was on the job and in uniform.
Donald A. Harder III, 29, of Hadley was indicted Thursday in Saratoga County Court on 11 additional charges of criminal sexual act, sexual abuse, forcible touching and official misconduct, District Attorney James A. Murphy III said.
Murphy said three women came forward with complaints against Harder after hearing of his Aug. 13 arrest, when a 27-year-old acquaintance told police the police officer forced her to commit a sexual act on him. Harder had responded to a call to assist with a civil matter on Shields Road in Edinburg and the alleged sexual incident occurred on a roadside.
Harder, who has worked for the department for three years, allegedly forced sexual contact with all four women while he was on duty.
In the new allegations, one woman reported that Harder forcefully touched her in a sexual way on June 2 and 3 at the sheriff's substation in Corinth while the deputy was investigating a crime.
A second woman has alleged unwanted sexual contact from Harder in the summer of 2007 and in June and July of this year. The June incident allegedly occurred in a store in Greenfield, officials said. That woman first had contact with Harder as a crime victim and then later as a suspect in a case Harder investigated.
The third woman accused Harder of sexual contact that allegedly happened several years ago, for which the statute of limitations had run out, Murphy said. Harder faces a charge of official misconduct for that incident.
"These allegations were as shocking to me as they were to the sheriff," Murphy said in a news release announcing the indictment. "He and I were both very concerned about this alleged conduct and that is why, after a full investigation, the grand jury heard the case. These women were terrified and frightened."
The grand jury had been hearing the case over the last several weeks from the alleged victims and from other law enforcement personnel.
''This guy went over the line,'' said Sheriff James Bowen, who plans to attend Harder's arraignment Tuesday in Saratoga County Court. ''This guy let everybody down. We investigated it thoroughly. We turned it over to the D.A.''
Murphy said the deputy has been suspended without pay until the conclusion of his criminal case. He is married with three children.
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Saturday, December 19, 2009
Officer Sheva Howard Arrested for Stealing Purse
36-year-old Sheva Howard of the Little Rock Police Department was served a bench warrant this month for allegedly stealing a purse.
Reports indicate that in August 2009, Howard was caught stealing a high-priced purse from Dillard's department store.
Lt. Terry Hastings told Today's THV that Howard has been terminated, although he noted she does have rights to appeal. As of right now, however, Howard is no longer with the Little Rock Police Department.
"Anytime one of our officers is involved in any type of incident like this we do a complete internal investigation as well as a criminal investigation," says Hastings.
If Howard is convicted of the crime she could face up to a year in jail and/or a $2,500.00 fine.
Reports indicate that in August 2009, Howard was caught stealing a high-priced purse from Dillard's department store.
Lt. Terry Hastings told Today's THV that Howard has been terminated, although he noted she does have rights to appeal. As of right now, however, Howard is no longer with the Little Rock Police Department.
"Anytime one of our officers is involved in any type of incident like this we do a complete internal investigation as well as a criminal investigation," says Hastings.
If Howard is convicted of the crime she could face up to a year in jail and/or a $2,500.00 fine.
Former Officer Alan Vigiard Accused of Looking at Child Porn at Work
A veteran Adams police officer accused of looking at child pornography on a police station computer is due back in court.
Alan Vigiard is scheduled to appear Monday in Northern Berkshire District Court for a pretrial conference on charges of child pornography possession.
According to state police, time stamps reporting access to the pornographic files matched the times Vigiard had been logged into the system. He was just one of four officers with access to the department’s evidence room.
The 45-year-old officer resigned from the department last month, shortly after his arrest. He has pleaded not guilty.
It could not immediately be determined if Vigiard has a lawyer. Vigiard’s home number is unlisted.
Alan Vigiard is scheduled to appear Monday in Northern Berkshire District Court for a pretrial conference on charges of child pornography possession.
According to state police, time stamps reporting access to the pornographic files matched the times Vigiard had been logged into the system. He was just one of four officers with access to the department’s evidence room.
The 45-year-old officer resigned from the department last month, shortly after his arrest. He has pleaded not guilty.
It could not immediately be determined if Vigiard has a lawyer. Vigiard’s home number is unlisted.
Friday, December 18, 2009
Officer Edward Krawetz Charged with Assaulting Woman
A Rhode Island police officer has been charged with assaulting a woman after she was taken out of a slot parlor for being disorderly, authorities said Friday.
Officer Edward Krawetz has been suspended without pay and faces administrative charges as well, Lincoln police Capt. Raymond Bousquet said.
A person with knowledge of the May 31 incident tells The Associated Press a videotape shows Krawetz kicking the handcuffed woman in the head as the two waited outside for a patrol car to arrive. The person is not authorized to publicly discuss the case and spoke on condition of anonymity.
A telephone listing for Krawetz could not immediately be found and it was not immediately known if he has an attorney. Krawetz has been with the department for 12 1/2 years, Bousquet said.
The state attorney general's office is handling the criminal case and did not return calls seeking comment Friday.
A spokeswoman for Twin River in Lincoln, just north of Providence, also did not immediately comment.
Krawetz, who was in uniform and working at the slots parlor, is charged with felony assault. He will be arraigned Jan. 6, said Capt. David Neill, a state police spokesman.
He is the second Rhode Island officer to be charged in an alleged beating in the past two weeks. A Woonsocket officer was indicted last week on federal civil rights charges accusing him of beating a 16-year-old boy and urging fellow officers to lie about it to the FBI.
The FBI is also investigating a separate beating of a suspect by Providence police officers
Officer Edward Krawetz has been suspended without pay and faces administrative charges as well, Lincoln police Capt. Raymond Bousquet said.
A person with knowledge of the May 31 incident tells The Associated Press a videotape shows Krawetz kicking the handcuffed woman in the head as the two waited outside for a patrol car to arrive. The person is not authorized to publicly discuss the case and spoke on condition of anonymity.
A telephone listing for Krawetz could not immediately be found and it was not immediately known if he has an attorney. Krawetz has been with the department for 12 1/2 years, Bousquet said.
The state attorney general's office is handling the criminal case and did not return calls seeking comment Friday.
A spokeswoman for Twin River in Lincoln, just north of Providence, also did not immediately comment.
Krawetz, who was in uniform and working at the slots parlor, is charged with felony assault. He will be arraigned Jan. 6, said Capt. David Neill, a state police spokesman.
He is the second Rhode Island officer to be charged in an alleged beating in the past two weeks. A Woonsocket officer was indicted last week on federal civil rights charges accusing him of beating a 16-year-old boy and urging fellow officers to lie about it to the FBI.
The FBI is also investigating a separate beating of a suspect by Providence police officers
Former Officer Stephanie Lazarus Bail Set At $10 Million
The judge in the Stephanie Lazarus trial today set a $10-million bail for the LAPD detective accused of murder, saying he believed it was a “near certainty” she would flee if granted a lower amount.
Lazarus, a 26-year veteran of the LAPD, is accused of bludgeoning and then shooting to death the wife of a man she had dated. She was arrested earlier this year after cold case detectives reexamined the murder and linked Lazarus to the killing through saliva found in a bite mark on the victim.
The unusually high amount, which Los Angeles County Superior Court Judge Robert J. Perry compounded, Lazarus' attorney said, by requiring it to be presented in cash, sent a wave of gasps through the courtroom. Lazarus showed a rare sign of emotion as her head fell in disappointment.
Her attorney, Mark Overland, said his client had no way to amass the money – meaning she will remain in detention until her trial, which is not likely to open for several months.
As they have throughout the trial proceedings, the parents of the victim, Sherri Rae Rasmussen, sat stoically in the courtroom.
The amount was double what prosecutors had requested and far greater than the $300,000 to $500,000 Overland had sought.
In leading up to his decision, Perry summarized the reasoning behind his decision. Calling it “an admittedly unusual case,” he said prosecutors had presented “compelling evidence” at a preliminary hearing that spoke to Lazarus’ “motive, means, opportunity and identity.”
He acknowledged that Lazarus, if freed on bail, would have access to weapons through her husband, who is also an LAPD detective, and could be a risk to herself and others. The most pressing issue for Perry, however, was the “strong incentive,” he concluded, that Lazarus has to flee and the likelihood she would in fact do so.
The usually even-keeled Overland reacted with dismay afterward, saying he interpreted Perry’s decision as a de facto denial of bail and plans to appeal the amount.
“It’s ridiculous. Phil Spector gets $1 million bail? Robert Blake get’s $1 million bail? They’ve got the money to go anywhere,” he said, referring to the celebrity music producer and actor recently tried on murder charges. “Who has $10 million cash? It is basically preventative detention.”
Perry “does not know the case,” Overland said, reacting to the judge’s forceful comments about Lazarus and the evidence against her. “He’s only seen bits of it.”
Sherri Rae Rasmussen, 29, was killed in her Van Nuys condominium Feb. 24, 1986. The original investigators on the case were convinced that Rasmussen had been killed by a pair of men who were burglarizing the home. Detectives concluded that was wrong when they reopened the case early this year and DNA tests on the saliva showed that it belonged to a woman.
They retraced the investigation, once again interviewing Rasmussen's parents and her husband, John Ruetten. As they had at the time of the killing, the family and Ruetten told investigators about Lazarus, whom Ruetten had dated for several years before meeting Rasmussen.
An undercover officer surreptitiously trailed Lazarus, 49, as she ran errands, waiting until she discarded a plastic utensil or other object with her saliva on it. The DNA in her saliva was compared with evidence collected from the murder scene. The genetic code in the samples matched conclusively, police and prosecutors have said.
John Taylor, an attorney representing Rasmussen’s parents, said it has been “extremely hard” for the couple and their other children to revisit the death of their daughter in court and said the family “would like to proceed as quickly as possible to trail.”
If convicted, Lazarus would face up to life in prison.
Lazarus, a 26-year veteran of the LAPD, is accused of bludgeoning and then shooting to death the wife of a man she had dated. She was arrested earlier this year after cold case detectives reexamined the murder and linked Lazarus to the killing through saliva found in a bite mark on the victim.
The unusually high amount, which Los Angeles County Superior Court Judge Robert J. Perry compounded, Lazarus' attorney said, by requiring it to be presented in cash, sent a wave of gasps through the courtroom. Lazarus showed a rare sign of emotion as her head fell in disappointment.
Her attorney, Mark Overland, said his client had no way to amass the money – meaning she will remain in detention until her trial, which is not likely to open for several months.
As they have throughout the trial proceedings, the parents of the victim, Sherri Rae Rasmussen, sat stoically in the courtroom.
The amount was double what prosecutors had requested and far greater than the $300,000 to $500,000 Overland had sought.
In leading up to his decision, Perry summarized the reasoning behind his decision. Calling it “an admittedly unusual case,” he said prosecutors had presented “compelling evidence” at a preliminary hearing that spoke to Lazarus’ “motive, means, opportunity and identity.”
He acknowledged that Lazarus, if freed on bail, would have access to weapons through her husband, who is also an LAPD detective, and could be a risk to herself and others. The most pressing issue for Perry, however, was the “strong incentive,” he concluded, that Lazarus has to flee and the likelihood she would in fact do so.
The usually even-keeled Overland reacted with dismay afterward, saying he interpreted Perry’s decision as a de facto denial of bail and plans to appeal the amount.
“It’s ridiculous. Phil Spector gets $1 million bail? Robert Blake get’s $1 million bail? They’ve got the money to go anywhere,” he said, referring to the celebrity music producer and actor recently tried on murder charges. “Who has $10 million cash? It is basically preventative detention.”
Perry “does not know the case,” Overland said, reacting to the judge’s forceful comments about Lazarus and the evidence against her. “He’s only seen bits of it.”
Sherri Rae Rasmussen, 29, was killed in her Van Nuys condominium Feb. 24, 1986. The original investigators on the case were convinced that Rasmussen had been killed by a pair of men who were burglarizing the home. Detectives concluded that was wrong when they reopened the case early this year and DNA tests on the saliva showed that it belonged to a woman.
They retraced the investigation, once again interviewing Rasmussen's parents and her husband, John Ruetten. As they had at the time of the killing, the family and Ruetten told investigators about Lazarus, whom Ruetten had dated for several years before meeting Rasmussen.
An undercover officer surreptitiously trailed Lazarus, 49, as she ran errands, waiting until she discarded a plastic utensil or other object with her saliva on it. The DNA in her saliva was compared with evidence collected from the murder scene. The genetic code in the samples matched conclusively, police and prosecutors have said.
John Taylor, an attorney representing Rasmussen’s parents, said it has been “extremely hard” for the couple and their other children to revisit the death of their daughter in court and said the family “would like to proceed as quickly as possible to trail.”
If convicted, Lazarus would face up to life in prison.
Officer Richard Kleinpass Accused of Animal Cruelty
A Chicago cop is in the doghouse after being accused of neglecting animals he was keeping at his north suburban weekend getaway.
Officer Richard Kleinpass, 49, faces seven misdemeanor charges of cruelty to animals after five dogs and two birds were removed from his Lake County home in Grayslake last month.
Grayslake authorities say they seized five neglected dogs and two birds from this house, owned by Chicago Police Officer Richard J. Kleinpass. He says the village has been harassing him over the condition of his property and that the animal case is a result of that.
Appearing in court Thursday, Kleinpass agreed to forfeit the animals and pay $3,375 to reimburse Lake County for the cost of veterinary bills, food and shelter since Nov. 30, when they were seized.
Lake County Judge Charles Johnson scheduled a Jan. 28 pretrial hearing for Kleinpass, who is facing a separate investigation by the Chicago Police Department's Internal Affairs Division. Kleinpass, a patrol officer in the Albany Park District, has been stripped of his police powers.
Kleinpass said the Village of Grayslake has been harassing him over the condition of his property and that the animal case is a result of that. He called the charges against him an overreaction. The animals were safe and secure, he said.
Kleinpass said he has owned the home since 2000 as a place to get away from Chicago, where he is required to live as a police officer.
But the home, which is across a road from a lake, has been anything but relaxing lately, Kleinpass said. "They won't even let you build a campfire out here," he said.
According to Grayslake police, Kleinpass brought on the problems because of the poor condition of his home. The condition of the animals was deplorable, Grayslake police officer Joe Manges said.
"I've never smelled anything like it," Manges said. "They were living in their own urine and feces."
Some of the dogs' teeth were rotted, and the animals are now on soft-food diets, Manges said. Others were suffering from skin diseases and were emaciated, he said.
The trouble for Kleinpass started in late November, when a Grayslake building inspector and village attorney were visiting the property to check for possible code violations, Manges said. They heard dogs barking and called the police.
Manges said police made several attempts to contact Kleinpass. After four days, police got a warrant to enter the property and rescue the animals, which they said were left without food or water. The home wasn't heated, and the temperature dipped to about 30 degrees at night, Manges said.
Lake County authorities plan to seek new homes for the animals. If they fail, the animals will be donated to Orphans of the Storm, a private no-kill shelter, Manges said.
"We're hoping the animals will have a good Christmas this year," he said.
Officer Richard Kleinpass, 49, faces seven misdemeanor charges of cruelty to animals after five dogs and two birds were removed from his Lake County home in Grayslake last month.
Grayslake authorities say they seized five neglected dogs and two birds from this house, owned by Chicago Police Officer Richard J. Kleinpass. He says the village has been harassing him over the condition of his property and that the animal case is a result of that.
Appearing in court Thursday, Kleinpass agreed to forfeit the animals and pay $3,375 to reimburse Lake County for the cost of veterinary bills, food and shelter since Nov. 30, when they were seized.
Lake County Judge Charles Johnson scheduled a Jan. 28 pretrial hearing for Kleinpass, who is facing a separate investigation by the Chicago Police Department's Internal Affairs Division. Kleinpass, a patrol officer in the Albany Park District, has been stripped of his police powers.
Kleinpass said the Village of Grayslake has been harassing him over the condition of his property and that the animal case is a result of that. He called the charges against him an overreaction. The animals were safe and secure, he said.
Kleinpass said he has owned the home since 2000 as a place to get away from Chicago, where he is required to live as a police officer.
But the home, which is across a road from a lake, has been anything but relaxing lately, Kleinpass said. "They won't even let you build a campfire out here," he said.
According to Grayslake police, Kleinpass brought on the problems because of the poor condition of his home. The condition of the animals was deplorable, Grayslake police officer Joe Manges said.
"I've never smelled anything like it," Manges said. "They were living in their own urine and feces."
Some of the dogs' teeth were rotted, and the animals are now on soft-food diets, Manges said. Others were suffering from skin diseases and were emaciated, he said.
The trouble for Kleinpass started in late November, when a Grayslake building inspector and village attorney were visiting the property to check for possible code violations, Manges said. They heard dogs barking and called the police.
Manges said police made several attempts to contact Kleinpass. After four days, police got a warrant to enter the property and rescue the animals, which they said were left without food or water. The home wasn't heated, and the temperature dipped to about 30 degrees at night, Manges said.
Lake County authorities plan to seek new homes for the animals. If they fail, the animals will be donated to Orphans of the Storm, a private no-kill shelter, Manges said.
"We're hoping the animals will have a good Christmas this year," he said.
Officer Jack Tiller Accused of Abusing Daughter
Charges have been filed against the Walkerton police officer accused of abusing his teenage daughter.
36-year-old Walkerton Officer Jack Tiller is being charged with misdemeanor battery on accusations of abusing his 16-year-old daughter.
Tiller must appear in court on January 12th.
You may remember Tiller from his time as a Roseland police officer, when he was accused of hitting David Snyder during a town meeting.
Fast forward to the present: Tiller's daughter apparently reported the abuse to a resource officer at Penn High School. According to the police report, she had several bruises on her body.
Tiller was apparently upset because his daughter was late when he picked her up from an after-school activity.
Tiller has not been arrested. The St. Joseph County Prosecutor's Office has not decided if charges will be filed.
36-year-old Walkerton Officer Jack Tiller is being charged with misdemeanor battery on accusations of abusing his 16-year-old daughter.
Tiller must appear in court on January 12th.
You may remember Tiller from his time as a Roseland police officer, when he was accused of hitting David Snyder during a town meeting.
Fast forward to the present: Tiller's daughter apparently reported the abuse to a resource officer at Penn High School. According to the police report, she had several bruises on her body.
Tiller was apparently upset because his daughter was late when he picked her up from an after-school activity.
Tiller has not been arrested. The St. Joseph County Prosecutor's Office has not decided if charges will be filed.
Officer Sean Heyenga Accused of Trying to Strangle His Wife
An Omaha police officer has been accused of trying to strangle his wife.
Sean Heyenga appeared in Douglas County Court on Friday on charges of domestic assault and making terroristic threats. He was ordered held on $20,000 bail.
He requested a public defender, but one hadn't been assigned to represent him as of Friday afternoon.
Prosecutors say Heyenga came home after drinking Thursday night and got into an argument with his wife. They say he then tried to strangle her, caused her to pass out and threatened to kill her.
Heyenga was sworn in as an officer in June 2008.
He has been placed on administrative leave pending a criminal and internal investigation.
A preliminary hearing is set for Jan. 12.
Sean Heyenga appeared in Douglas County Court on Friday on charges of domestic assault and making terroristic threats. He was ordered held on $20,000 bail.
He requested a public defender, but one hadn't been assigned to represent him as of Friday afternoon.
Prosecutors say Heyenga came home after drinking Thursday night and got into an argument with his wife. They say he then tried to strangle her, caused her to pass out and threatened to kill her.
Heyenga was sworn in as an officer in June 2008.
He has been placed on administrative leave pending a criminal and internal investigation.
A preliminary hearing is set for Jan. 12.
Thursday, December 17, 2009
Father Files Lawsuit After Sons Taser Death
The father of a Bay City teen who died after police used a stun gun to subdue him has filed a federal suit in U.S. District Court Wednesday.
Brett Elder, 15, died in March after an officer fired a Taser at him.
Police said Elder was intoxicated and took an aggressive stance toward officers responding to a report of a fight inside an apartment at 210 S. Catherine St.
According to documents, when police deployed the Taser to Elder’s chest, he collapsed face first on the living room floor.
Once officers handcuffed the teen, he “began to vomit and breath heavily.” Moments later, Elder "then apparently become unresponsive."
In May, Bay County prosecutor Kurt Asbury said officers would not be charged in Elder’s death, citing that "there isn't evidence that officers committed any criminal act that caused or contributed to the death of Brett Elder."
READ: Bay County Prosecutor Issues News Release
An autopsy performed by Dr. Kanu Virani, a forensic pathologist, found a two-part cause of death for Elder: "alcohol-induced excited delirium" and "application of an electromuscular disruption device," or Taser.
The lawsuit seeks an undisclosed amount of damages in excess of $75,000 and names the city of Bay City and police Cpl. James Lyman as defendants.
Brett Elder, 15, died in March after an officer fired a Taser at him.
Police said Elder was intoxicated and took an aggressive stance toward officers responding to a report of a fight inside an apartment at 210 S. Catherine St.
According to documents, when police deployed the Taser to Elder’s chest, he collapsed face first on the living room floor.
Once officers handcuffed the teen, he “began to vomit and breath heavily.” Moments later, Elder "then apparently become unresponsive."
In May, Bay County prosecutor Kurt Asbury said officers would not be charged in Elder’s death, citing that "there isn't evidence that officers committed any criminal act that caused or contributed to the death of Brett Elder."
READ: Bay County Prosecutor Issues News Release
An autopsy performed by Dr. Kanu Virani, a forensic pathologist, found a two-part cause of death for Elder: "alcohol-induced excited delirium" and "application of an electromuscular disruption device," or Taser.
The lawsuit seeks an undisclosed amount of damages in excess of $75,000 and names the city of Bay City and police Cpl. James Lyman as defendants.
Officer Reginald Jones Charged with Murder
An on-duty D.C. police officer charged with murder and accused of acting as a lookout in a street robbery gone fatally wrong also was present during the planning of the holdup and drove some of the participants to the crime scene, authorities said in a court affidavit.
Officer Reginald Jones, charged with felony murder in the Dec. 1 robbery in Southeast Washington, was parked a short distance from the shooting that night in a marked patrol car, according to an affidavit made public Tuesday in D.C. Superior Court. When shots were fired and a witness ran toward the police cruiser seeking help, Jones drove off "and left the area," the affidavit says.
The robbery victim, accused of being a drug dealer, survived a bullet wound. But police said the group of assailants included a 19-year-old man who fired an apparently errant shot that killed his father, an accomplice in the holdup.
Jones, 40, a six-year member of the force, is not accused of pulling the trigger. However, because he is accused of playing a role in the robbery, in the 4300 block of Fourth Street SE, he can be held legally culpable for the fatal result, authorities said. On Wednesday, a Superior Court judge ordered Jones, of Upper Marlboro, held without bail pending a Jan. 5 preliminary hearing.
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The affidavit says Jones, a uniformed member of the department's gun-recovery unit, shooed away loiterers who might see the crime by driving the patrol car through the courtyard of a housing complex in Washington Highlands shortly before the robbery occurred there.
"The worst thing an officer can do is betray the public trust," D.C. Police Chief Cathy L. Lanier said in announcing Jones's arrest Tuesday night. "In this case, the officer went far beyond that. He did so carrying our badge and wearing our uniform."
The unit to which Jones was assigned is part of the police Narcotics and Special Investigations Division. On Wednesday, reacting to Jones's arrest, Lanier transferred several supervisors in the division to less prestigious patrol commands, two police sources said.
The holdup victim, Tyrone D. Herring, 45, was charged with possessing cocaine with intent to distribute after police allegedly found 31.4 grams of crack in his pants while he was being treated at a hospital. Investigators said he told them that he was robbed of nearly $5,000.
Herring said $700 was in his pants pocket and about $4,000 was in the console of his car.
In court affidavits, police said Jones was present Nov. 30 at an auto detailing shop in Suitland when several men planned the robbery. Jones drove at least two of them to the housing complex in his cruiser on the night of the crime, police said.
They said Herring told them that he was walking along Fourth Street, near where his black Infiniti was parked, shortly before 9 p.m. when several men with guns accosted him, demanding money. As the robbers tried to force him into his car, Herring told investigators, he began to struggle because he feared he was about to be killed.
Police said one of the alleged robbers, Arvel Crawford, fired a shot that hit his father, Arvel S. Alston, 40, in the right side.
Officer Reginald Jones, charged with felony murder in the Dec. 1 robbery in Southeast Washington, was parked a short distance from the shooting that night in a marked patrol car, according to an affidavit made public Tuesday in D.C. Superior Court. When shots were fired and a witness ran toward the police cruiser seeking help, Jones drove off "and left the area," the affidavit says.
The robbery victim, accused of being a drug dealer, survived a bullet wound. But police said the group of assailants included a 19-year-old man who fired an apparently errant shot that killed his father, an accomplice in the holdup.
Jones, 40, a six-year member of the force, is not accused of pulling the trigger. However, because he is accused of playing a role in the robbery, in the 4300 block of Fourth Street SE, he can be held legally culpable for the fatal result, authorities said. On Wednesday, a Superior Court judge ordered Jones, of Upper Marlboro, held without bail pending a Jan. 5 preliminary hearing.
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The affidavit says Jones, a uniformed member of the department's gun-recovery unit, shooed away loiterers who might see the crime by driving the patrol car through the courtyard of a housing complex in Washington Highlands shortly before the robbery occurred there.
"The worst thing an officer can do is betray the public trust," D.C. Police Chief Cathy L. Lanier said in announcing Jones's arrest Tuesday night. "In this case, the officer went far beyond that. He did so carrying our badge and wearing our uniform."
The unit to which Jones was assigned is part of the police Narcotics and Special Investigations Division. On Wednesday, reacting to Jones's arrest, Lanier transferred several supervisors in the division to less prestigious patrol commands, two police sources said.
The holdup victim, Tyrone D. Herring, 45, was charged with possessing cocaine with intent to distribute after police allegedly found 31.4 grams of crack in his pants while he was being treated at a hospital. Investigators said he told them that he was robbed of nearly $5,000.
Herring said $700 was in his pants pocket and about $4,000 was in the console of his car.
In court affidavits, police said Jones was present Nov. 30 at an auto detailing shop in Suitland when several men planned the robbery. Jones drove at least two of them to the housing complex in his cruiser on the night of the crime, police said.
They said Herring told them that he was walking along Fourth Street, near where his black Infiniti was parked, shortly before 9 p.m. when several men with guns accosted him, demanding money. As the robbers tried to force him into his car, Herring told investigators, he began to struggle because he feared he was about to be killed.
Police said one of the alleged robbers, Arvel Crawford, fired a shot that hit his father, Arvel S. Alston, 40, in the right side.
Trooper Joseph Donovan Charged with Sexual Assault
A woman testified today during a preliminary hearing that a Michigan State Police trooper she had met at a strip club repeatedly sexually assaulted her at a Lansing home where the trooper had stopped supposedly to get money and a credit card.
The trooper is charged with sexually assaulting two women. Today’s hearing in 54A District Court determines whether the case goes to trial.
The woman, who was a waitress at Cheetah’s, in south Lansing, said Trooper Joseph Donovan, 48, a regular at the club, offered to give her a ride to a diner the night of March 17, 2008.
The woman testified he made her feel comfortable, and when they arrived at the house, he asked her to go inside because he had been recently divorced and didn’t want the neighbors to see him with another woman.
Once inside, she said, Donovan eventually approached her and forced her into a bedroom, where the assaults occurred. She testified that she has blacked out some of the memories of the incident.
“I have night terrors about this over and over,” she said. The State Journal does not identify victims of sexual abuse.
She said she screamed so much that she wondered whether neighbors would call police. “All I remember is yelling,” the woman said. “I did not want to do it.”
She said she eventually stopped fighting.
“I knew it wasn’t going to be over until he said it was over. So I gave up,” she testified.
The woman had to leave the witness stand during cross examination, because she was being affected by anti-anxiety medication she had just taken. Testimony is expected to resume this afternoon.
Donovan, of DeWitt, is charged with 10 counts of criminal sexual conduct. Six of the counts are first-degree criminal sexual conduct, which carries a maximum penalty of life in prison. Donovan has been placed on unpaid suspension, officials said. He is free on a $50,000 bond.
The alleged assaults happened in March and April 2008, according to court documents. Donovan met both women at Cheetah’s, authorities said.
Donovan’s attorney, Lawrence Emery, told the Lansing State Journal in October the charges are false. Emery said his client passed polygraph tests, and there is no scientific evidence connecting Donovan to any crimes.
The 21-year veteran of the state police was assigned to the Lansing post.
The Genesee County prosecutor’s office is handling the case, because Ingham County Prosecutor Stuart Dunnings III recused his office.
The trooper is charged with sexually assaulting two women. Today’s hearing in 54A District Court determines whether the case goes to trial.
The woman, who was a waitress at Cheetah’s, in south Lansing, said Trooper Joseph Donovan, 48, a regular at the club, offered to give her a ride to a diner the night of March 17, 2008.
The woman testified he made her feel comfortable, and when they arrived at the house, he asked her to go inside because he had been recently divorced and didn’t want the neighbors to see him with another woman.
Once inside, she said, Donovan eventually approached her and forced her into a bedroom, where the assaults occurred. She testified that she has blacked out some of the memories of the incident.
“I have night terrors about this over and over,” she said. The State Journal does not identify victims of sexual abuse.
She said she screamed so much that she wondered whether neighbors would call police. “All I remember is yelling,” the woman said. “I did not want to do it.”
She said she eventually stopped fighting.
“I knew it wasn’t going to be over until he said it was over. So I gave up,” she testified.
The woman had to leave the witness stand during cross examination, because she was being affected by anti-anxiety medication she had just taken. Testimony is expected to resume this afternoon.
Donovan, of DeWitt, is charged with 10 counts of criminal sexual conduct. Six of the counts are first-degree criminal sexual conduct, which carries a maximum penalty of life in prison. Donovan has been placed on unpaid suspension, officials said. He is free on a $50,000 bond.
The alleged assaults happened in March and April 2008, according to court documents. Donovan met both women at Cheetah’s, authorities said.
Donovan’s attorney, Lawrence Emery, told the Lansing State Journal in October the charges are false. Emery said his client passed polygraph tests, and there is no scientific evidence connecting Donovan to any crimes.
The 21-year veteran of the state police was assigned to the Lansing post.
The Genesee County prosecutor’s office is handling the case, because Ingham County Prosecutor Stuart Dunnings III recused his office.
Former Deputy Michelle Stiles Accused of Identity Theft
A former Knox County sheriff's deputy was arraigned in federal court in an identity theft case.
The Knoxville News Sentinel reports 38-year-old Michelle Stiles is accused of stealing the driver's license from a crime victim and using it to open two credit accounts that she used to buy more than $9,000 worth of furniture and goods.
Stiles resigned from the Knox County Sheriff's Office after she was arrested on related state charges in November. She is charged in federal court with bank fraud, mail fraud and aggravated identity theft.
Stiles was arrested Wednesday by agents with the U.S. Marshals Service and the U.S. Postal Inspection Service.
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Information from: The Knoxville News Sentinel, http://www.knoxnews.com
The Knoxville News Sentinel reports 38-year-old Michelle Stiles is accused of stealing the driver's license from a crime victim and using it to open two credit accounts that she used to buy more than $9,000 worth of furniture and goods.
Stiles resigned from the Knox County Sheriff's Office after she was arrested on related state charges in November. She is charged in federal court with bank fraud, mail fraud and aggravated identity theft.
Stiles was arrested Wednesday by agents with the U.S. Marshals Service and the U.S. Postal Inspection Service.
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Information from: The Knoxville News Sentinel, http://www.knoxnews.com
Officer Keith Ashley Accused of Faking Burglary Report
A Dallas police officer is under criminal investigation after being accused of faking a burglary report to hide the fact that he was elsewhere, allegedly having sex with a woman in his patrol car, police said.
Officer Keith Ashley, who joined the department in 2001, has been placed on restricted duty. He declined to comment Tuesday.
"We do have it in public integrity," said Assistant Chief Ron Waldrop, who oversees the investigations bureau. He said he could not comment further because the investigation was under way.
Ashley came under scrutiny after a Nov. 24 incident in which teachers at the Lighthouse Christian Academy on West Illinois Avenue in west Oak Cliff reported that they had seen him engaged in sexual acts in the back of his squad car while it was parked in a school parking lot.
At the same time, he was supposed to be on a burglary call at an apartment complex on Preakness Lane. Ashley wrote in a report that he was flagged down by an apartment complex employee, who told him that a former employee was trying to break into an apartment.
Police investigators are looking into whether Ashley concocted the entire police report. He had worked off-duty security at the complex.
The woman whom Ashley reported as the apartment complex employee in the police report told WFAA-TV that she no longer worked at the complex and that she had spoken to an investigator.
Angela Russell, one of the teachers, told WFAA that she looked out the window of the school and saw a squad car with the back driver's side door open.
"I saw a leg hanging out of the door, and me and another teacher observed a police officer in the vehicle, and when we looked closer we realized they were engaging in improper conduct," she said.
She said the children saw what was going on, too. She approached the officer as the woman was leaving.
"I asked him, 'What's going on here? Do you know there are children in this building and this is a school and there are children here?' " she said. "Oh, and he gave us a story as to why it was going on, and then he left, and I immediately called and complained about it."
Ashley told commanders that the woman in the car with him was his wife and that they were having marital problems and he was consoling her.
Russell, who said she spoke with two police investigators last week, said she was infuriated and unsettled by the incident.
"Our children want to be police officers," she said. "We have a wall inside our school that if your father or mother or anybody in your family that's a police officer are put up on this wall, we say a prayer for you."
Ashley was previously in the news after he lost control of his squad car and struck a fence in May 2008. An iron rod from the fence broke the windshield and struck his chest.
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Officer Keith Ashley, who joined the department in 2001, has been placed on restricted duty. He declined to comment Tuesday.
"We do have it in public integrity," said Assistant Chief Ron Waldrop, who oversees the investigations bureau. He said he could not comment further because the investigation was under way.
Ashley came under scrutiny after a Nov. 24 incident in which teachers at the Lighthouse Christian Academy on West Illinois Avenue in west Oak Cliff reported that they had seen him engaged in sexual acts in the back of his squad car while it was parked in a school parking lot.
At the same time, he was supposed to be on a burglary call at an apartment complex on Preakness Lane. Ashley wrote in a report that he was flagged down by an apartment complex employee, who told him that a former employee was trying to break into an apartment.
Police investigators are looking into whether Ashley concocted the entire police report. He had worked off-duty security at the complex.
The woman whom Ashley reported as the apartment complex employee in the police report told WFAA-TV that she no longer worked at the complex and that she had spoken to an investigator.
Angela Russell, one of the teachers, told WFAA that she looked out the window of the school and saw a squad car with the back driver's side door open.
"I saw a leg hanging out of the door, and me and another teacher observed a police officer in the vehicle, and when we looked closer we realized they were engaging in improper conduct," she said.
She said the children saw what was going on, too. She approached the officer as the woman was leaving.
"I asked him, 'What's going on here? Do you know there are children in this building and this is a school and there are children here?' " she said. "Oh, and he gave us a story as to why it was going on, and then he left, and I immediately called and complained about it."
Ashley told commanders that the woman in the car with him was his wife and that they were having marital problems and he was consoling her.
Russell, who said she spoke with two police investigators last week, said she was infuriated and unsettled by the incident.
"Our children want to be police officers," she said. "We have a wall inside our school that if your father or mother or anybody in your family that's a police officer are put up on this wall, we say a prayer for you."
Ashley was previously in the news after he lost control of his squad car and struck a fence in May 2008. An iron rod from the fence broke the windshield and struck his chest.
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Former Officer Lt. Rockey Kummer Arrested for Child Molestation
Sheriff’s deputies arrested a former veteran police officer Wednesday on child molestation charges.
Former Parker Police Lt. Rockey Kummer, 52, of Swan Road, was taken into custody when he arrived at the local airport Wednesday, according to the Bay County Sheriff’s Office.
Sheriff’s Maj. Tommy Ford said investigators “do believe that he was an officer during a portion of these incidents,” which are alleged to have occurred several times between 2000 and 2008.
He served 28 years in law enforcement in Bay County before heading overseas in May 2006, nearly tripling his salary to train border officers and Afghani police for U.S. government subcontractor DynCorp International.
Ford said Parker police came to sheriff’s investigators with the allegations in October, and over the next two months, interviews with the victim and witnesses “verified the original information.”
The victim was not someone Parker arrested, detained or encountered in his capacity as a police officer, Ford said.
Parker police declined to immediately release further details pending an internal investigation.
Kummer frequently served as a police media spokesman over the years. All the cases he worked as an officer are listed in Bay County’s online court records as traffic incidents.
In 2005, the city cut ties with a volunteer firefighter who was charged with disorderly conduct and resisting arrest after an argument with Kummer at the scene of a car crash. Those charges later were dropped.
Former Parker Police Lt. Rockey Kummer, 52, of Swan Road, was taken into custody when he arrived at the local airport Wednesday, according to the Bay County Sheriff’s Office.
Sheriff’s Maj. Tommy Ford said investigators “do believe that he was an officer during a portion of these incidents,” which are alleged to have occurred several times between 2000 and 2008.
He served 28 years in law enforcement in Bay County before heading overseas in May 2006, nearly tripling his salary to train border officers and Afghani police for U.S. government subcontractor DynCorp International.
Ford said Parker police came to sheriff’s investigators with the allegations in October, and over the next two months, interviews with the victim and witnesses “verified the original information.”
The victim was not someone Parker arrested, detained or encountered in his capacity as a police officer, Ford said.
Parker police declined to immediately release further details pending an internal investigation.
Kummer frequently served as a police media spokesman over the years. All the cases he worked as an officer are listed in Bay County’s online court records as traffic incidents.
In 2005, the city cut ties with a volunteer firefighter who was charged with disorderly conduct and resisting arrest after an argument with Kummer at the scene of a car crash. Those charges later were dropped.
Pennsylvania Officers Accused of Cover-up Face Lawsuit
A police chief charged with trying to cover up the fatal beating of a Mexican immigrant by white teenagers was named in a 2006 civil suit that made a startling claim: Borough police beat to death a Hispanic teenager, then hung him from the bars of his holding cell to make it appear a suicide.
Police Chief Matthew Nestor was never charged, but the allegations contained in the lawsuit, in Tuesday's indictment and in other civil claims depict a police department with pervasive hostility to minorities.
The 2006 suit names Nestor and Capt. Jamie Gennarini as defendants. They have denied wrongdoing.
Nestor and two other officers were charged Tuesday with orchestrating a cover-up as the FBI investigated the fatal attack on Luis Ramirez.
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.
SHENANDOAH, Pa. (AP) — After taking part in a fight that left a Mexican immigrant mortally wounded on the street, teenagers Brandon Piekarsky and Derrick Donchak fled. They didn't get very far before running into two police officers responding to a 911 call about the assault.
These were no ordinary officers. Patrolman Jason Hayes dated Piekarsky's mother, and Lt. William Moyer's son played with Piekarsky on the high school football team. Their commanding officer, Chief Matthew Nestor, was a friend of Piekarsky's mother and even vacationed with her.
Rather than place the popular white football players under arrest, the officers let them go — beginning a cover-up in their racially tense coal town, federal prosecutors allege.
The Department of Justice said Tuesday that Hayes, Moyer and Nestor have been indicted on obstruction charges for trying to "impede, obstruct and influence the investigation" into the July 2008 beating death of Luis Ramirez by tampering with evidence and witnesses or lying to the FBI.
The former athletes, who were acquitted of the most serious state charges against them in May, are charged with a federal hate crime for attacking Ramirez in a park as they headed home from a party, the Department of Justice said.
The police chief and his second in command, Jamie Gennarini, were charged with extortion and civil rights violations in a separate case. The two are accused of extorting cash payoffs from illegal gambling operations and demanding a $2,000 payment from a local businessman in 2007 to release him from their custody.
The arrests left the borough with only three active-duty police officers. Borough officials have asked the state police to help out "until we work through this dilemma," said Borough Manager Joseph Palubinsky, who declined to comment on the indictment.
The officers pleaded not guilty before a federal magistrate in Wilkes-Barre and were being held until a bail hearing Wednesday. Donchak and Piekarsky have an initial court appearance scheduled for Dec. 22. Piekarsky's lawyer didn't return a call, and there was no lawyer listed for Donchak on the indictment.
State prosecutors who tried to win murder or ethnic intimidation convictions against the athletes had alleged that they yelled racial epithets at Ramirez and that one gripped a piece of metal to give his punches more power.
The federal indictment brought praise from those who had long argued that the case was blatantly a hate crime and were outraged when the teenagers won acquittals on the most serious charges.
"This is what our family, friends and ongoing supporters have prayed for," said Crystal Dillman, who had two children with Ramirez, in a statement released by the Mexican American Legal Defense & Educational Fund. "I truly believe in my heart that Luis can now rest a bit more peacefully knowing that these criminals and accomplices are being charged."
Barry Morrison, the Philadelphia-based regional director of the Anti-Defamation League, said the organization has visited the town several times and found evidence of racial divisions.
"There's nothing that we saw in the way that law enforcement conducted themselves to show that they were enlightened, progressive or separate and apart of the insularity of the community as a whole," he said.
Shenandoah, a blue-collar town of 5,000 residents about 80 miles northwest of Philadelphia, is best known as the birthplace of big band musicians Tommy and Jimmy Dorsey and the home of Mrs. T's Pierogies.
It also has a growing number of Hispanic residents drawn by jobs in factories and farm fields. Hispanics are believed to comprise as much as 10 percent of the population. Ramirez, a 25-year-old native of the small central Mexican town of Iramuco, was in the United States illegally working at various jobs.
The confrontation began when a half-dozen high school football players were headed home from a block party in Shenandoah. They came across Ramirez and his girlfriend in a park, and an argument broke out, then a fight. Defense attorneys called Ramirez the aggressor. Prosecutors said he was punched in the face, then was kicked in the head while unconscious.
The teens gathered at Donchak's home shortly after the attack ended, the indictment said. Piekarsky's mother showed up and told them that she had been in contact with her boyfriend, Hayes, and that they needed to "get their stories straight" because Hayes had told her that Ramirez's condition was deteriorating, it said.
Moyer separately went to the home of another teen present during the attack "and told him to talk to his friends about the version of events that would be communicated to the authorities," the indictment said.
A borough official tried to get the police department to recuse itself, but Nestor refused, the indictment said.
Donchak, Piekarsky and a third teen, Colin Walsh, were previously charged in state court with Ramirez's death. Walsh later pleaded guilty in federal court to violating the victim's civil rights and took the stand against Donchak and Piekarsky at their trial in the spring.
Piekarsky was acquitted in May by an all-white jury of third-degree murder and ethnic intimidation; Donchak was acquitted of aggravated assault and ethnic intimidation. Both were convicted of simple assault.
Piekarsky was sentenced in June to six to 23 months in prison, and Donchak was sentenced to seven to 23 months. They are serving their sentences at the Schuylkill County jail.
A fourth teen was found delinquent in juvenile court for his role in the beating.
If convicted on the hate crime charge, Piekarsky and Donchak face maximum sentences of life in prison. The most serious count against the officers, obstruction, carries a maximum sentence of 20 years in prison.
Police Chief Matthew Nestor was never charged, but the allegations contained in the lawsuit, in Tuesday's indictment and in other civil claims depict a police department with pervasive hostility to minorities.
The 2006 suit names Nestor and Capt. Jamie Gennarini as defendants. They have denied wrongdoing.
Nestor and two other officers were charged Tuesday with orchestrating a cover-up as the FBI investigated the fatal attack on Luis Ramirez.
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.
SHENANDOAH, Pa. (AP) — After taking part in a fight that left a Mexican immigrant mortally wounded on the street, teenagers Brandon Piekarsky and Derrick Donchak fled. They didn't get very far before running into two police officers responding to a 911 call about the assault.
These were no ordinary officers. Patrolman Jason Hayes dated Piekarsky's mother, and Lt. William Moyer's son played with Piekarsky on the high school football team. Their commanding officer, Chief Matthew Nestor, was a friend of Piekarsky's mother and even vacationed with her.
Rather than place the popular white football players under arrest, the officers let them go — beginning a cover-up in their racially tense coal town, federal prosecutors allege.
The Department of Justice said Tuesday that Hayes, Moyer and Nestor have been indicted on obstruction charges for trying to "impede, obstruct and influence the investigation" into the July 2008 beating death of Luis Ramirez by tampering with evidence and witnesses or lying to the FBI.
The former athletes, who were acquitted of the most serious state charges against them in May, are charged with a federal hate crime for attacking Ramirez in a park as they headed home from a party, the Department of Justice said.
The police chief and his second in command, Jamie Gennarini, were charged with extortion and civil rights violations in a separate case. The two are accused of extorting cash payoffs from illegal gambling operations and demanding a $2,000 payment from a local businessman in 2007 to release him from their custody.
The arrests left the borough with only three active-duty police officers. Borough officials have asked the state police to help out "until we work through this dilemma," said Borough Manager Joseph Palubinsky, who declined to comment on the indictment.
The officers pleaded not guilty before a federal magistrate in Wilkes-Barre and were being held until a bail hearing Wednesday. Donchak and Piekarsky have an initial court appearance scheduled for Dec. 22. Piekarsky's lawyer didn't return a call, and there was no lawyer listed for Donchak on the indictment.
State prosecutors who tried to win murder or ethnic intimidation convictions against the athletes had alleged that they yelled racial epithets at Ramirez and that one gripped a piece of metal to give his punches more power.
The federal indictment brought praise from those who had long argued that the case was blatantly a hate crime and were outraged when the teenagers won acquittals on the most serious charges.
"This is what our family, friends and ongoing supporters have prayed for," said Crystal Dillman, who had two children with Ramirez, in a statement released by the Mexican American Legal Defense & Educational Fund. "I truly believe in my heart that Luis can now rest a bit more peacefully knowing that these criminals and accomplices are being charged."
Barry Morrison, the Philadelphia-based regional director of the Anti-Defamation League, said the organization has visited the town several times and found evidence of racial divisions.
"There's nothing that we saw in the way that law enforcement conducted themselves to show that they were enlightened, progressive or separate and apart of the insularity of the community as a whole," he said.
Shenandoah, a blue-collar town of 5,000 residents about 80 miles northwest of Philadelphia, is best known as the birthplace of big band musicians Tommy and Jimmy Dorsey and the home of Mrs. T's Pierogies.
It also has a growing number of Hispanic residents drawn by jobs in factories and farm fields. Hispanics are believed to comprise as much as 10 percent of the population. Ramirez, a 25-year-old native of the small central Mexican town of Iramuco, was in the United States illegally working at various jobs.
The confrontation began when a half-dozen high school football players were headed home from a block party in Shenandoah. They came across Ramirez and his girlfriend in a park, and an argument broke out, then a fight. Defense attorneys called Ramirez the aggressor. Prosecutors said he was punched in the face, then was kicked in the head while unconscious.
The teens gathered at Donchak's home shortly after the attack ended, the indictment said. Piekarsky's mother showed up and told them that she had been in contact with her boyfriend, Hayes, and that they needed to "get their stories straight" because Hayes had told her that Ramirez's condition was deteriorating, it said.
Moyer separately went to the home of another teen present during the attack "and told him to talk to his friends about the version of events that would be communicated to the authorities," the indictment said.
A borough official tried to get the police department to recuse itself, but Nestor refused, the indictment said.
Donchak, Piekarsky and a third teen, Colin Walsh, were previously charged in state court with Ramirez's death. Walsh later pleaded guilty in federal court to violating the victim's civil rights and took the stand against Donchak and Piekarsky at their trial in the spring.
Piekarsky was acquitted in May by an all-white jury of third-degree murder and ethnic intimidation; Donchak was acquitted of aggravated assault and ethnic intimidation. Both were convicted of simple assault.
Piekarsky was sentenced in June to six to 23 months in prison, and Donchak was sentenced to seven to 23 months. They are serving their sentences at the Schuylkill County jail.
A fourth teen was found delinquent in juvenile court for his role in the beating.
If convicted on the hate crime charge, Piekarsky and Donchak face maximum sentences of life in prison. The most serious count against the officers, obstruction, carries a maximum sentence of 20 years in prison.
Wednesday, December 16, 2009
Elburn Officer Suspended for Firing Warning Shots While In Pursuit
A part-time police officer has been suspended for two of his shifts in December after a department investigation determined he acted improperly when he fired warning shots while in pursuit of a suspect last month.
The disciplinary action against the unidentified officer was announced by Elburn Police Chief Steven Smith in a release Wednesday, bringing to a conclusion the department’s investigation into the Nov. 18 incident.
According to the release, the Elburn police officer, who the village has refused to identify, was in the 100 block of East North Street, just east of the intersection of Route 47 and North Street and about two blocks west of the Elburn Police Department at about 9:30 p.m. on Nov. 18.
At that time, he identified a man on foot who matched the description of a suspect who had about two hours earlier fled from the Elburn Metra station, about a half mile to the east on Keslinger Road, when narcotics officers affiliated with the DeKalb office of the North Central Narcotics Task Force had attempted to arrest him.
Smith said the suspect, who has yet to be identified, was the focus of the narcotic officers’ investigation at the train station.
When the officers attempted to arrest the man, he fled and eluded officers until he was spotted in Elburn about two hours later.
The Elburn officer then attempted to stop the man, but when the suspect turned to flee, the officer fired “three or four” shots into the air. Smith said the officer did not fire in the direction of the suspect and fired his weapon in an attempt to make the suspect stop.
The suspect, however, continued to flee, and eluded capture. He remains at large, Smith said.
Because the officer fired his weapon, an investigation into the matter was conducted by the department, Smith said. The investigation reviewed the officer’s statements, an inspection of the site of the incident itself, review of the dispatch tapes and interviews with people who claimed to have heard the shots.
Smith said no one saw the officer fire the shots.
Smith said the Elburn Police Department has for four years had an informal policy prohibiting officers from firing “warning shots” under any circumstances.
“It’s part of our regular firearms training, to teach our officers not to do this,” Smith said.
While the department is in the process of revising its code of procedures, including its policies governing the use of force, the current policy does not expressly prohibit warning shots.
And since there were no injuries from the incident and no criminal act is alleged, disciplinary action against the officer was limited to a suspension of two days.
Smith said the officer is retired from another police department and works two to three shifts for the Elburn Police Department a month. Elburn employs 10 part-time officers, in addition to its four full-time sworn patrol officers.
Smith said he believes the officer is “a good officer” and remains an asset to the Elburn police force.
He said he would not release the officer’s name, as he was the subject of an internal investigation.
The disciplinary action against the unidentified officer was announced by Elburn Police Chief Steven Smith in a release Wednesday, bringing to a conclusion the department’s investigation into the Nov. 18 incident.
According to the release, the Elburn police officer, who the village has refused to identify, was in the 100 block of East North Street, just east of the intersection of Route 47 and North Street and about two blocks west of the Elburn Police Department at about 9:30 p.m. on Nov. 18.
At that time, he identified a man on foot who matched the description of a suspect who had about two hours earlier fled from the Elburn Metra station, about a half mile to the east on Keslinger Road, when narcotics officers affiliated with the DeKalb office of the North Central Narcotics Task Force had attempted to arrest him.
Smith said the suspect, who has yet to be identified, was the focus of the narcotic officers’ investigation at the train station.
When the officers attempted to arrest the man, he fled and eluded officers until he was spotted in Elburn about two hours later.
The Elburn officer then attempted to stop the man, but when the suspect turned to flee, the officer fired “three or four” shots into the air. Smith said the officer did not fire in the direction of the suspect and fired his weapon in an attempt to make the suspect stop.
The suspect, however, continued to flee, and eluded capture. He remains at large, Smith said.
Because the officer fired his weapon, an investigation into the matter was conducted by the department, Smith said. The investigation reviewed the officer’s statements, an inspection of the site of the incident itself, review of the dispatch tapes and interviews with people who claimed to have heard the shots.
Smith said no one saw the officer fire the shots.
Smith said the Elburn Police Department has for four years had an informal policy prohibiting officers from firing “warning shots” under any circumstances.
“It’s part of our regular firearms training, to teach our officers not to do this,” Smith said.
While the department is in the process of revising its code of procedures, including its policies governing the use of force, the current policy does not expressly prohibit warning shots.
And since there were no injuries from the incident and no criminal act is alleged, disciplinary action against the officer was limited to a suspension of two days.
Smith said the officer is retired from another police department and works two to three shifts for the Elburn Police Department a month. Elburn employs 10 part-time officers, in addition to its four full-time sworn patrol officers.
Smith said he believes the officer is “a good officer” and remains an asset to the Elburn police force.
He said he would not release the officer’s name, as he was the subject of an internal investigation.
Former Officer Stevie Perry Shows Up at Jail Drunk
A former Detroit police officer who pleaded no-contest to stealing $27,000 from an auto-theft tip line showed up drunk Friday at the Wayne County Jail, where he is serving weekends, a prosecutor and jail officer told a judge today.
Wayne Circuit Judge David Groner was disturbed, especially after learning that Stevie Perry had also violated jail rules on Nov. 13 when he tried to sneak a cell phone,iPod and Tylenol pills into the jail in a sealed plastic bag in his underwear.
Perry, the department’s 2001 officer of the year, pleaded no contest to a misdemeanor theft charge in October in exchange for dismissal of five felonies, if he agreed to make full restitution by his Jan. 27 sentencing date. As part of his deal, Perry was granted permission to begin serving his 32 days in jail on weekends before his sentencing date, and receive two years of probation.
A no-contest plea is not an admission of guilt but is treated as such during sentencing.
Wayne County Sheriff’s Lt. Pat Owen, who oversees the jail’s work release and tether program, said Perry was visibly drunk when he was dropped off at the jail Friday. Groner said his blood alcohol level was more than double the legal limit of .08 for a Michigan motorist to be charged with drunken driving.
Owen said Perry was held in the jail’s segregation unit for the weekend and released at 9 pm. Sunday, as his agreement states.
Perry’s lawyer Paul Bernier said his client was very sorry for his actions.
“What he did was unacceptable and he knows that and he accepts that,” Bernier told Groner. “It did happen and he apologizes.”
Groner said he was also concerned that he never learned about the Nov. 13 jail violation, in which Perry was also placed in segregation for the weekend after trying to sneak in the cell phone and other items.
“I’m pretty amazed you would conduct yourself like that given the fact that you were a police officer all these years,” Groner said.
The judge also wondered whether Perry received special treatment due to his police officer status because the Nov. 13 violation never landed Perry in court.
“If the average Joe does something like that, I guarantee you I would have heard about it,” Groner said.
In the end, Groner ordered Perry to submit to Breathalyzer tests before he enters the jail each weekend. If he tests positive for alcohol of commits any other violations, Groner told Owen to hold him past the weekend.
Perry, who resigned as part of his plea deal, was accused of depositing reward checks from the tip line into his personal bank account between June 2007 and November 2008. As an officer, Perry investigated auto thefts.
Wayne Circuit Judge David Groner was disturbed, especially after learning that Stevie Perry had also violated jail rules on Nov. 13 when he tried to sneak a cell phone,iPod and Tylenol pills into the jail in a sealed plastic bag in his underwear.
Perry, the department’s 2001 officer of the year, pleaded no contest to a misdemeanor theft charge in October in exchange for dismissal of five felonies, if he agreed to make full restitution by his Jan. 27 sentencing date. As part of his deal, Perry was granted permission to begin serving his 32 days in jail on weekends before his sentencing date, and receive two years of probation.
A no-contest plea is not an admission of guilt but is treated as such during sentencing.
Wayne County Sheriff’s Lt. Pat Owen, who oversees the jail’s work release and tether program, said Perry was visibly drunk when he was dropped off at the jail Friday. Groner said his blood alcohol level was more than double the legal limit of .08 for a Michigan motorist to be charged with drunken driving.
Owen said Perry was held in the jail’s segregation unit for the weekend and released at 9 pm. Sunday, as his agreement states.
Perry’s lawyer Paul Bernier said his client was very sorry for his actions.
“What he did was unacceptable and he knows that and he accepts that,” Bernier told Groner. “It did happen and he apologizes.”
Groner said he was also concerned that he never learned about the Nov. 13 jail violation, in which Perry was also placed in segregation for the weekend after trying to sneak in the cell phone and other items.
“I’m pretty amazed you would conduct yourself like that given the fact that you were a police officer all these years,” Groner said.
The judge also wondered whether Perry received special treatment due to his police officer status because the Nov. 13 violation never landed Perry in court.
“If the average Joe does something like that, I guarantee you I would have heard about it,” Groner said.
In the end, Groner ordered Perry to submit to Breathalyzer tests before he enters the jail each weekend. If he tests positive for alcohol of commits any other violations, Groner told Owen to hold him past the weekend.
Perry, who resigned as part of his plea deal, was accused of depositing reward checks from the tip line into his personal bank account between June 2007 and November 2008. As an officer, Perry investigated auto thefts.
Two Teachers Catch Officer Keith Ashley Getting Naughty
Two teachers caught an officer in the midst of what appeared to be a sexual encounter after spotting a leg hanging outside the door of the officer's patrol car on November 24 near the Lighthouse Christian School.
With children just feet away, Angela Russell said the leg caught her eye.
"I saw a leg hanging out of the door, and me and another teacher observed a police officer in the vehicle and when we looked closer we realized they were engaging in improper conduct," she said.
The officer was in a marked police unit and was with a woman in the back seat.
"The children had to leave," Russell said.
Patrolman Keith Ashley is now being investigated as the officer involved. While Ashley wouldn't comment on the allegation, Dallas police confirm he has been taken off the street.
"He's on restricted duty," said Warren Mitchell, Dallas Police Department.
Mitchell confirmed they are "looking at" Ashley.
Two Dallas police sources said Ashley was investigating a burglary at the time of the incident. If so, it would give him an alibi at an apartment near the school. The report said a burglary victim flagged Ashley down in broad daylight to report a break-in, but that crime happened two weeks earlier.
A resident at the apartment complex said that while burglaries have occurred there, they were not at apartment 203, which was the site listed on the report.
"I was so infuriated," Russell said. "Just thinking about it again, it just infuriates me ... because every time you see one you're saying is this officer on his way to see somebody or is this officer doing his job. What is this officer doing?"
In fact, News 8 has learned the Dallas Police Department have been asking the same question. A satellite tracking system allows them to determine the whereabouts of Dallas police cars. They are using those records to determine if Ashley's car was where it was supposed to be on more than one occasion.
The internal affairs department is conducting both an administrative and criminal investigation of Ashley.
With children just feet away, Angela Russell said the leg caught her eye.
"I saw a leg hanging out of the door, and me and another teacher observed a police officer in the vehicle and when we looked closer we realized they were engaging in improper conduct," she said.
The officer was in a marked police unit and was with a woman in the back seat.
"The children had to leave," Russell said.
Patrolman Keith Ashley is now being investigated as the officer involved. While Ashley wouldn't comment on the allegation, Dallas police confirm he has been taken off the street.
"He's on restricted duty," said Warren Mitchell, Dallas Police Department.
Mitchell confirmed they are "looking at" Ashley.
Two Dallas police sources said Ashley was investigating a burglary at the time of the incident. If so, it would give him an alibi at an apartment near the school. The report said a burglary victim flagged Ashley down in broad daylight to report a break-in, but that crime happened two weeks earlier.
A resident at the apartment complex said that while burglaries have occurred there, they were not at apartment 203, which was the site listed on the report.
"I was so infuriated," Russell said. "Just thinking about it again, it just infuriates me ... because every time you see one you're saying is this officer on his way to see somebody or is this officer doing his job. What is this officer doing?"
In fact, News 8 has learned the Dallas Police Department have been asking the same question. A satellite tracking system allows them to determine the whereabouts of Dallas police cars. They are using those records to determine if Ashley's car was where it was supposed to be on more than one occasion.
The internal affairs department is conducting both an administrative and criminal investigation of Ashley.
Officer Donald D'Amour Charged with Illegally Obtaining Prescription Drugs
An officer with the Round Rock Police Department is on administrative leave after being arrested and charged with obtaining prescription medication through fraud.
Donald D'Amour, who has been with the Round Rock police for four years, surrendered to Travis County authorities Monday night after a judge issued warrants for his arrest, according to Round Rock police spokesman Eric Poteet.
Pflugerville police charged D'Amour with obtaining a controlled substance by fraud, a third-degree felony, according to arrest warrants filed Tuesday.
Round Rock Police Chief Bryan Williams placed D'Amour, 32, on administrative leave Nov. 23 after Pflugerville police notified him that D'Amour was being investigated for fraudulently placing and picking up two prescriptions for hydrocodone, a painkiller, according to the arrest warrants.
A pharmacist at an H-E-B pharmacy notified Pflugerville police after she became suspicious of a call to fill a prescription Nov. 20, the arrest warrants said. The person asked for hydrocodone through a doctor at a pain care facility where he was not a patient, the warrants said. Pflugerville police recovered videos shot at separate H-E-B pharmacies in Pflugerville on Nov. 7 and Nov. 8 showing him picking up the narcotic with fraudulent prescriptions, the warrants said.
Donald D'Amour, who has been with the Round Rock police for four years, surrendered to Travis County authorities Monday night after a judge issued warrants for his arrest, according to Round Rock police spokesman Eric Poteet.
Pflugerville police charged D'Amour with obtaining a controlled substance by fraud, a third-degree felony, according to arrest warrants filed Tuesday.
Round Rock Police Chief Bryan Williams placed D'Amour, 32, on administrative leave Nov. 23 after Pflugerville police notified him that D'Amour was being investigated for fraudulently placing and picking up two prescriptions for hydrocodone, a painkiller, according to the arrest warrants.
A pharmacist at an H-E-B pharmacy notified Pflugerville police after she became suspicious of a call to fill a prescription Nov. 20, the arrest warrants said. The person asked for hydrocodone through a doctor at a pain care facility where he was not a patient, the warrants said. Pflugerville police recovered videos shot at separate H-E-B pharmacies in Pflugerville on Nov. 7 and Nov. 8 showing him picking up the narcotic with fraudulent prescriptions, the warrants said.
Officer Garry Squires Arrested for Drunk Driving
Idaho Falls police officer Garry William Squires, who also goes by Bill, has been on the force for 15 years.
He was arrested and sentenced to three days in jail with probation.
Police officers pull over drunk drivers more often this time of year, But they don't expect to pull over another off duty officer.
"This is a very significant gap in judgement, even though he was honest about it, we can't ignore something like this, police have a special assignment that the public trusts them to take care of business with integrity," says Idaho Falls chief of police Steve Roos.
Idaho Falls police department sergeant Bill Squires is suspended from the department for three weeks- unpaid. He was arrested for *driving under the influence of alcohol about two weeks ago. Idaho State Police made the arrest.
This is how it went down, the ISP trooper was making a regular traffic stop on Saturn and Broadway when he pulled over officer Bill Squires, he gave him the breathalyzer test and with those results took him straight to jail.
Squires did not take a mug shot after he was arrested because he was immediately sited and released. Earlier that night, he had some drinks with his wife and some friends. ISP stated he was a model arrestee and the judge game him a "typical sentence."- which means, the majority of DUI cases are handled like this. He was sentenced to 90 days in jail, with 87 suspended and 18 months of supervised probation with a $500 fine.
"It's important that the public has confidence in us to take care of business. So we just want to have more transparency just so we are not questioned and people can see we are doing the right thing," says Roos.
Squires' associates describe him as an effective leader and someone they look up too. They add, it's a loss for the department.
Officer Bill Squires will be allowed to re-test for sergeant in one year. When he returns to work, his new rank will be *senior patrol officer. His pre-trial conference is set for December 29th.
He was arrested and sentenced to three days in jail with probation.
Police officers pull over drunk drivers more often this time of year, But they don't expect to pull over another off duty officer.
"This is a very significant gap in judgement, even though he was honest about it, we can't ignore something like this, police have a special assignment that the public trusts them to take care of business with integrity," says Idaho Falls chief of police Steve Roos.
Idaho Falls police department sergeant Bill Squires is suspended from the department for three weeks- unpaid. He was arrested for *driving under the influence of alcohol about two weeks ago. Idaho State Police made the arrest.
This is how it went down, the ISP trooper was making a regular traffic stop on Saturn and Broadway when he pulled over officer Bill Squires, he gave him the breathalyzer test and with those results took him straight to jail.
Squires did not take a mug shot after he was arrested because he was immediately sited and released. Earlier that night, he had some drinks with his wife and some friends. ISP stated he was a model arrestee and the judge game him a "typical sentence."- which means, the majority of DUI cases are handled like this. He was sentenced to 90 days in jail, with 87 suspended and 18 months of supervised probation with a $500 fine.
"It's important that the public has confidence in us to take care of business. So we just want to have more transparency just so we are not questioned and people can see we are doing the right thing," says Roos.
Squires' associates describe him as an effective leader and someone they look up too. They add, it's a loss for the department.
Officer Bill Squires will be allowed to re-test for sergeant in one year. When he returns to work, his new rank will be *senior patrol officer. His pre-trial conference is set for December 29th.
Officer Anthony Abbate Found Guilty of Beating Female Bartender
The Chicago Police Board has fired the officer whose 2007 beating of a female bartender was captured by a surveillance camera and shown around the world.
The board's decision Tuesday to fire Anthony Abbate comes about six months after a judge found him guilty of a felony count of aggravated battery. He was sentenced to two years probation, anger management classes and ordered to perform 130 hours of community service.
At the time of his conviction, Abbate's lawyer says it meant that he could no longer serve as a police officer. But under Chicago Police Department rules, only the police board can fire an officer.
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More Information
The board's decision Tuesday to fire Anthony Abbate comes about six months after a judge found him guilty of a felony count of aggravated battery. He was sentenced to two years probation, anger management classes and ordered to perform 130 hours of community service.
At the time of his conviction, Abbate's lawyer says it meant that he could no longer serve as a police officer. But under Chicago Police Department rules, only the police board can fire an officer.
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More Information
Former Officer Johannes Mehserle Charged with Killing Unarmed Man
The former transit officer charged in the killing of an unarmed man on an Oakland train station platform is scheduled to appear in a Los Angeles court next month.
Johannes Mehserle nodded and indicated he understood when Alameda County Superior Court Judge Morris Jacobson told him during a brief hearing Tuesday that his next hearing was set for Jan. 8 in Los Angeles County Superior Court.
The judge had ruled in October the trial should be moved out of Oakland because of excessive media coverage and racial tensions.
Mehserle is charged with the murder of 22-year-old Oscar Grant on a Bay Area Rapid Transit station platform on New Year's Day.
Attorneys for the 27-year-old Mehserle say he mistakenly pulled out his Taser instead of his handgun.
Mehserle has pleaded not guilty.
Johannes Mehserle nodded and indicated he understood when Alameda County Superior Court Judge Morris Jacobson told him during a brief hearing Tuesday that his next hearing was set for Jan. 8 in Los Angeles County Superior Court.
The judge had ruled in October the trial should be moved out of Oakland because of excessive media coverage and racial tensions.
Mehserle is charged with the murder of 22-year-old Oscar Grant on a Bay Area Rapid Transit station platform on New Year's Day.
Attorneys for the 27-year-old Mehserle say he mistakenly pulled out his Taser instead of his handgun.
Mehserle has pleaded not guilty.
Officer Reginald Jones Arrested for Fatal Shooting
A D.C. police officer was arrested Tuesday and charged with felony murder in connection with a fatal shooting about two weeks ago in Southeast Washington, police officials said.
In a case that appeared to be without recent precedent, police said Reginald Jones, who has been a member of the force for six years, was arrested in the death of Arvel S. Alston, 40.
Police said Jones "basically served as a lookout" and did not shoot Alston, who was killed in the 4300 block of Fourth Street on Dec. 1. A police source said Alston had been attempting a robbery that went awry.
Jones was on duty at the time and was at the scene in a patrol car assigned to the gun-recovery unit that he works for, a police source said. He fled when shots were fired, the source said.
Police Chief Cathy L. Lanier called Jones, 40, "a disgrace to the uniform."
"We will not allow this department to be judged by one bad apple," she said in brief remarks during a news conference at police headquarters.
Rather, she said, "we should be judged on how we handled that bad apple."
Alston and at least one other man were to carry out the robbery, according to police sources. However, the sources said, the intended victim resisted, and in the ensuing moments, Alston was fatally shot.
Three police sources said the shot that killed Alston was fired by his son.
In addition to Jones, two other men have been arrested in Alston's death, and police sources identified one of them -- Arvel Crawford -- as Alston's son.
The charge of felony murder, which faces the officer, Alston's son and the third suspect, may be brought when a death occurs during the commission of a serious felony. The death need not be intentional and may be accidental.
The intended victim of the robbery was wounded and taken to a hospital. The robbery victim's name has not been released.
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More Information: http://www.washingtonpost.com/wp-dyn/content/article/2009/12/15/AR2009121504412.html
In a case that appeared to be without recent precedent, police said Reginald Jones, who has been a member of the force for six years, was arrested in the death of Arvel S. Alston, 40.
Police said Jones "basically served as a lookout" and did not shoot Alston, who was killed in the 4300 block of Fourth Street on Dec. 1. A police source said Alston had been attempting a robbery that went awry.
Jones was on duty at the time and was at the scene in a patrol car assigned to the gun-recovery unit that he works for, a police source said. He fled when shots were fired, the source said.
Police Chief Cathy L. Lanier called Jones, 40, "a disgrace to the uniform."
"We will not allow this department to be judged by one bad apple," she said in brief remarks during a news conference at police headquarters.
Rather, she said, "we should be judged on how we handled that bad apple."
Alston and at least one other man were to carry out the robbery, according to police sources. However, the sources said, the intended victim resisted, and in the ensuing moments, Alston was fatally shot.
Three police sources said the shot that killed Alston was fired by his son.
In addition to Jones, two other men have been arrested in Alston's death, and police sources identified one of them -- Arvel Crawford -- as Alston's son.
The charge of felony murder, which faces the officer, Alston's son and the third suspect, may be brought when a death occurs during the commission of a serious felony. The death need not be intentional and may be accidental.
The intended victim of the robbery was wounded and taken to a hospital. The robbery victim's name has not been released.
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More Information: http://www.washingtonpost.com/wp-dyn/content/article/2009/12/15/AR2009121504412.html
Tuesday, December 15, 2009
Coast Guard Capt. Herbert Hamilton III Charged with 31 Violations
A military investigative hearing is under way for a senior Coast Guard commander facing numerous charges, including indecent acts and conduct unbecoming of an officer.
Capt. Herbert M. Hamilton III is charged with 31 violations of the Uniform Code of Military Justice. He will have the right to question witnesses at the hearing that began Tuesday at Fort Richardson in Anchorage.
Among the alleged offenses filed in November, the 48-year-old Hamilton is accused of sexual improprieties that allegedly took place in Alaska and other states and involved multiple women, including enlisted Coast Guard personnel.
Several women are expected to testify at the hearing, which is expected to last three days.
First to testify was a petty officer who said Tuesday that her short-lived relationship with the married Hamilton began weeks after he took command of the Coast Guard's Anchorage sector in summer 2008.
The woman said that the first encounter occurred when the two attended a three-day oil spill response exercise on Alaska's Kenai Peninsula. She said they shared two pitchers of beer and Hamilton began holding her hand. She said they each went to their rooms after Hamilton hugged her and said he didn't want to let her go.
Asked if she found the hug unusual, the woman said yes, then added, "I was surprised but also excited that this bright individual would be interested in me."
The woman said she sent Hamilton a text message, thanking him for the evening and reminding him about the next day's schedule. She said they continued exchanging text messages until early morning, when the woman went up to the commander's room, where she performed oral sex on him. The two then began a relationship.
When asked by a defense attorney, the petty officer denied trying to advance her career by having sex with a senior commander. Likewise, she denied feeling pressure to have sex with him because of his higher rank.
The woman ended an existing relationship to be with Hamilton, but her former boyfriend found e-mails between the two, prompting Hamilton and the woman to end their affair in early November 2008.
In an October e-mail leading to that decision, and read at the hearing, Hamilton told her he valued the relationship, "but neither of us can afford the ramifications of this getting out."
The Coast Guard has said the investigation continues, and has not ruled out charges being brought against others.
Military charging documents state that Hamilton, who also is known as Mark, used a government cell phone to send and receive sexual and amorous text messages, committed sodomy with some of the women, downloaded and stored sexually explicit material on his government-issued laptop, and photographed sexual acts.
Hamilton also is accused of fraud, adultery, indecent language and soliciting another to commit an offense. The alleged offenses cover a period between November 2004 and shortly before Hamilton was relieved of his duties in May.
At the time, the Coast Guard cited alleged misconduct and a loss of confidence in Hamilton's ability to command.
During the Coast Guard's preliminary investigation, Hamilton was temporarily assigned to the staff of the Seventeenth Coast Guard District, which covers Alaska.
Coast Guard Capt. Steven Andersen, the investigating officer presiding over the hearing, will look into the allegations and recommend how the case should proceed. Possibilities include trying those or other charges at a general court-martial or dropping the charges altogether.
The final determination, which could take months, will be made by Rear Admiral Christopher Colvin, district commander.
Hamilton took the Anchorage position in August 2008 and previously served as deputy commander for Coast Guard operations in the Los Angeles area.
Capt. Herbert M. Hamilton III is charged with 31 violations of the Uniform Code of Military Justice. He will have the right to question witnesses at the hearing that began Tuesday at Fort Richardson in Anchorage.
Among the alleged offenses filed in November, the 48-year-old Hamilton is accused of sexual improprieties that allegedly took place in Alaska and other states and involved multiple women, including enlisted Coast Guard personnel.
Several women are expected to testify at the hearing, which is expected to last three days.
First to testify was a petty officer who said Tuesday that her short-lived relationship with the married Hamilton began weeks after he took command of the Coast Guard's Anchorage sector in summer 2008.
The woman said that the first encounter occurred when the two attended a three-day oil spill response exercise on Alaska's Kenai Peninsula. She said they shared two pitchers of beer and Hamilton began holding her hand. She said they each went to their rooms after Hamilton hugged her and said he didn't want to let her go.
Asked if she found the hug unusual, the woman said yes, then added, "I was surprised but also excited that this bright individual would be interested in me."
The woman said she sent Hamilton a text message, thanking him for the evening and reminding him about the next day's schedule. She said they continued exchanging text messages until early morning, when the woman went up to the commander's room, where she performed oral sex on him. The two then began a relationship.
When asked by a defense attorney, the petty officer denied trying to advance her career by having sex with a senior commander. Likewise, she denied feeling pressure to have sex with him because of his higher rank.
The woman ended an existing relationship to be with Hamilton, but her former boyfriend found e-mails between the two, prompting Hamilton and the woman to end their affair in early November 2008.
In an October e-mail leading to that decision, and read at the hearing, Hamilton told her he valued the relationship, "but neither of us can afford the ramifications of this getting out."
The Coast Guard has said the investigation continues, and has not ruled out charges being brought against others.
Military charging documents state that Hamilton, who also is known as Mark, used a government cell phone to send and receive sexual and amorous text messages, committed sodomy with some of the women, downloaded and stored sexually explicit material on his government-issued laptop, and photographed sexual acts.
Hamilton also is accused of fraud, adultery, indecent language and soliciting another to commit an offense. The alleged offenses cover a period between November 2004 and shortly before Hamilton was relieved of his duties in May.
At the time, the Coast Guard cited alleged misconduct and a loss of confidence in Hamilton's ability to command.
During the Coast Guard's preliminary investigation, Hamilton was temporarily assigned to the staff of the Seventeenth Coast Guard District, which covers Alaska.
Coast Guard Capt. Steven Andersen, the investigating officer presiding over the hearing, will look into the allegations and recommend how the case should proceed. Possibilities include trying those or other charges at a general court-martial or dropping the charges altogether.
The final determination, which could take months, will be made by Rear Admiral Christopher Colvin, district commander.
Hamilton took the Anchorage position in August 2008 and previously served as deputy commander for Coast Guard operations in the Los Angeles area.
Officer Chad Robinson Accused of Throwing Glass of Beer at Family Member
A Springfield Park District police officer is on unpaid administrative leave because of accusations that he battered a female family member.
Chad Robinson, 32, has been on leave since Oct. 23, according to Capt. Jonathan Davis of the park police.
Court documents indicate that’s the day Robinson allegedly threw a glass of beer at the family member and “grabbed her throat and arm roughly.” No further information was available regarding the nature of the incident.
Robinson began as a part-time park district police officer in October 2006 and was hired as a full-time officer in May 2007, Davis said. His exact salary was not available Monday, but Davis said it was “in the upper 30s.”
Davis referred other questions to Mike Stratton, executive director of the park district.
“I understand there are some issues involved in his personal life,” Stratton said Monday. “I’m not sure of the details associated with that at this point.”
Stratton said the incident is under review, but that he could not comment further because it is a personnel matter. Robinson will remain on leave while the investigation continues, Stratton said.
Robinson has pleaded not guilty to one count of domestic battery. A trial on that charge is set for Jan. 26.
Meanwhile, he is being sued by Monroe Garden Apartments for $900 in alleged unpaid rent from October and November, according to court documents.
A bench trial in that lawsuit is scheduled for 9 a.m. today.
Chad Robinson, 32, has been on leave since Oct. 23, according to Capt. Jonathan Davis of the park police.
Court documents indicate that’s the day Robinson allegedly threw a glass of beer at the family member and “grabbed her throat and arm roughly.” No further information was available regarding the nature of the incident.
Robinson began as a part-time park district police officer in October 2006 and was hired as a full-time officer in May 2007, Davis said. His exact salary was not available Monday, but Davis said it was “in the upper 30s.”
Davis referred other questions to Mike Stratton, executive director of the park district.
“I understand there are some issues involved in his personal life,” Stratton said Monday. “I’m not sure of the details associated with that at this point.”
Stratton said the incident is under review, but that he could not comment further because it is a personnel matter. Robinson will remain on leave while the investigation continues, Stratton said.
Robinson has pleaded not guilty to one count of domestic battery. A trial on that charge is set for Jan. 26.
Meanwhile, he is being sued by Monroe Garden Apartments for $900 in alleged unpaid rent from October and November, according to court documents.
A bench trial in that lawsuit is scheduled for 9 a.m. today.
Officer Steven Silk Accused of Hit and Run
It’s a story that seems to raise a few questions and a few eyebrows. In a NBC Connecticut exclusive, we uncover what appears to be questionable discipline against a New Haven police officer involved in a hit and crash in September.
NBC Connecticut obtained the 9-1-1 call made that night by driver Gerald Hughes of East Haven. In it, he tells the dispatcher he’s been rear-ended by the driver of a pickup truck that has left the scene. Throughout the call, Hughes details his pursuit of the hit and run driver that eventually ends on a Branford road a few miles away.
“I’ve got him boxed in. I’ve got him boxed in at a dead end,” said Hughes in the 9-1-1 call.
Turns out, the driver was New Haven police officer Steven Silk.
“He knew he hit me and he knew he was taking off,” Hughes said.
According to the accident report though, Silk was only given a verbal warning that night. There’s also no mention of the hit and run and no mention of the chase.
“If it was me, I think it would have been a different story, ya know? I’ll just leave it at that,” said Hughes.
Hughes says he had to have his entire rear bumper replaced and estimated the damage to have been around $1,600.
“I was under the understanding he would get a ticket. So as far as that goes, I don’t have any more comment,” said Hughes.
NBC Connecticut called the East Haven Police Department several times, but our calls were not returned. We also reached out to Officer Steven Silk, but didn’t hear back from him either.
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NBC Connecticut obtained the 9-1-1 call made that night by driver Gerald Hughes of East Haven. In it, he tells the dispatcher he’s been rear-ended by the driver of a pickup truck that has left the scene. Throughout the call, Hughes details his pursuit of the hit and run driver that eventually ends on a Branford road a few miles away.
“I’ve got him boxed in. I’ve got him boxed in at a dead end,” said Hughes in the 9-1-1 call.
Turns out, the driver was New Haven police officer Steven Silk.
“He knew he hit me and he knew he was taking off,” Hughes said.
According to the accident report though, Silk was only given a verbal warning that night. There’s also no mention of the hit and run and no mention of the chase.
“If it was me, I think it would have been a different story, ya know? I’ll just leave it at that,” said Hughes.
Hughes says he had to have his entire rear bumper replaced and estimated the damage to have been around $1,600.
“I was under the understanding he would get a ticket. So as far as that goes, I don’t have any more comment,” said Hughes.
NBC Connecticut called the East Haven Police Department several times, but our calls were not returned. We also reached out to Officer Steven Silk, but didn’t hear back from him either.
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Resource Officer Domonique Robinson Charged with Possession of Marijuana
Darlington County Intervention School’s school resource officer has been charged with possession of marijuana with intent to distribute, according to a Darlington County Sheriff’s Office press release.
Domonique Robinson, a Darlington police officer, is in custody at the Darlington County Detention Center awaiting a bond hearing, according to the release. His age and address weren’t available.
Robinson has been suspended without pay pending the outcome of the investigation, Darlington Police Capt. Danny Watson said.
Darlington County School District officials also have been notified about his arrest, the release said.
A tip from the Hartsville Police Department prompted an investigation by the Darlington County Sheriff’s Office that led to the arrest. Darlington County Drug Enforcement Unit investigators found drugs in the suspect’s Hartsville residence late Tuesday afternoon, according to the release.
Robinson has been with the Darlington Police Department for about four years, Watson said.
“We never had any problems with him, no discipline,“ Watson said. “All we can do is wait and let the investigation take its course and proceed from there.“
Domonique Robinson, a Darlington police officer, is in custody at the Darlington County Detention Center awaiting a bond hearing, according to the release. His age and address weren’t available.
Robinson has been suspended without pay pending the outcome of the investigation, Darlington Police Capt. Danny Watson said.
Darlington County School District officials also have been notified about his arrest, the release said.
A tip from the Hartsville Police Department prompted an investigation by the Darlington County Sheriff’s Office that led to the arrest. Darlington County Drug Enforcement Unit investigators found drugs in the suspect’s Hartsville residence late Tuesday afternoon, according to the release.
Robinson has been with the Darlington Police Department for about four years, Watson said.
“We never had any problems with him, no discipline,“ Watson said. “All we can do is wait and let the investigation take its course and proceed from there.“
Officer Mark Owen Resigns After Starving Horses Found at Farm
A veteran police officer who boarded his horse at a farm where 16 animals were found starving last month resigned as his police chief was preparing to launch an internal investigation into his possible knowledge of problems at the farm.
Officer Mark Owen, 44, resigned Friday from two local departments where he worked part-time, citing personal reasons.
When reached by telephone Tuesday night, Owen said he decided to retire mainly because of allegations circulating in the community that he ignored what was happening at the horse farm operated by Melissa Giambrone, who was arrested Nov. 27 by Trumbull County Sheriff's Deputy Harold Firster on charges of cruelty to animals and cruelty to companion animals. She has pleaded innocent and is due back in Newton Falls Municipal Court Jan. 12.
Owen said he bought a horse at a Bloomfield auction in July for $5 because his son wanted a horse. He said the animal had a broken foot that healed improperly and Giambrone offered to board it at her farm, assuring him she would have the horse put down if its foot continued to give it problems.
"When I first met her, you could have eaten off the barn floor it was so clean. I had no idea there were 16 horses there. I don't know where she kept them all," Owen said.
He said officers had responded numerous times to horses escaping the fenced in pasture, and each time the horses would be rounded up and put back inside the fence. Owen said Giambrone kept telling him she was going to have his horse put down because of its broken leg, but she never did.
"She had friends out here that would have helped her take care of the horses if she had asked. None of us knew," Owen said.
Braceville police Chief William Garro said he was planning to launch an internal investigation into whether Owen's conduct in relation to the removal of 16 horses from 5796 state Route 82 violated departmental policy.
Owen had worked part-time for the township for at least 10 years. He also resigned Friday from his part-time position with the Vienna Police Department, according to Trustee Jeff Dreves. He said Owen worked mostly midnight shift for the past four or five years.
Dreves said Owen resigned after a discussion with Chief David Ovesny, who declined to comment on the reason for Owen's resignation.
According to Firster's report, there was no food for the animals and they all appeared malnourished. He said several of the horses had eaten the tails of others and also had been chewing on the stalls.
Firster responded to the property after neighbors reported four horses were loose. The report states it was the fifth time the sheriff's office responded to the property in two weeks because of the horses breaking out of the stable.
Firster said Owen, who was off duty at the time, showed up and said he had a horse at Giambrone's farm.
Garro said he does not believe Owen did anything criminal, but he was planning an internal probe into whether Owen violated department policy in relation to the Giambrone case.
''Mark resigned before the investigation began," Garro said.
The man who owns the seven-acre property, Robert Norris of Palmyra Township in Portage County, said he bought it in July 2006 for $66,650 at a sheriff's sale and spent approximately $43,000 renovating the inside of the home. He said he planned to sell it but was having trouble finding a buyer and he agreed to rent it to Giambrone two years ago because she seemed nice and her family owned several companies in Aurora, including Giambrone Construction.
"When she moved in, she had three horses, one dog and one wolf. She accumulated a zoo while she lived there," Norris said.
He said the inside of the house is filthy and there is dog feces all over the floor. He said he is trying to evict Giambrone and has a hearing for the eviction Jan. 13 in Newton Falls Municipal Court.
Norris said Giambrone told him last summer that she was applying for nonprofit status to operate Melissa's Animal Rescue. A flier for the business lists the Route 82 address and asks for donations for the organization.
A phone number listed on the flier has been disconnected and a number provided by Norris also was disconnected. A message left Tuesday at Giambrone Construction was not returned.
Firster said the investigation is ongoing and more charges against Giambrone may be filed later.
Four of the horses removed from Giambrone's property remain at Happy Trails Farm Animal Sanctuary in Ravenna. The rest are either in foster care or were picked up by their owners.
Owen said his was the only horse to be euthanized.
Officer Mark Owen, 44, resigned Friday from two local departments where he worked part-time, citing personal reasons.
When reached by telephone Tuesday night, Owen said he decided to retire mainly because of allegations circulating in the community that he ignored what was happening at the horse farm operated by Melissa Giambrone, who was arrested Nov. 27 by Trumbull County Sheriff's Deputy Harold Firster on charges of cruelty to animals and cruelty to companion animals. She has pleaded innocent and is due back in Newton Falls Municipal Court Jan. 12.
Owen said he bought a horse at a Bloomfield auction in July for $5 because his son wanted a horse. He said the animal had a broken foot that healed improperly and Giambrone offered to board it at her farm, assuring him she would have the horse put down if its foot continued to give it problems.
"When I first met her, you could have eaten off the barn floor it was so clean. I had no idea there were 16 horses there. I don't know where she kept them all," Owen said.
He said officers had responded numerous times to horses escaping the fenced in pasture, and each time the horses would be rounded up and put back inside the fence. Owen said Giambrone kept telling him she was going to have his horse put down because of its broken leg, but she never did.
"She had friends out here that would have helped her take care of the horses if she had asked. None of us knew," Owen said.
Braceville police Chief William Garro said he was planning to launch an internal investigation into whether Owen's conduct in relation to the removal of 16 horses from 5796 state Route 82 violated departmental policy.
Owen had worked part-time for the township for at least 10 years. He also resigned Friday from his part-time position with the Vienna Police Department, according to Trustee Jeff Dreves. He said Owen worked mostly midnight shift for the past four or five years.
Dreves said Owen resigned after a discussion with Chief David Ovesny, who declined to comment on the reason for Owen's resignation.
According to Firster's report, there was no food for the animals and they all appeared malnourished. He said several of the horses had eaten the tails of others and also had been chewing on the stalls.
Firster responded to the property after neighbors reported four horses were loose. The report states it was the fifth time the sheriff's office responded to the property in two weeks because of the horses breaking out of the stable.
Firster said Owen, who was off duty at the time, showed up and said he had a horse at Giambrone's farm.
Garro said he does not believe Owen did anything criminal, but he was planning an internal probe into whether Owen violated department policy in relation to the Giambrone case.
''Mark resigned before the investigation began," Garro said.
The man who owns the seven-acre property, Robert Norris of Palmyra Township in Portage County, said he bought it in July 2006 for $66,650 at a sheriff's sale and spent approximately $43,000 renovating the inside of the home. He said he planned to sell it but was having trouble finding a buyer and he agreed to rent it to Giambrone two years ago because she seemed nice and her family owned several companies in Aurora, including Giambrone Construction.
"When she moved in, she had three horses, one dog and one wolf. She accumulated a zoo while she lived there," Norris said.
He said the inside of the house is filthy and there is dog feces all over the floor. He said he is trying to evict Giambrone and has a hearing for the eviction Jan. 13 in Newton Falls Municipal Court.
Norris said Giambrone told him last summer that she was applying for nonprofit status to operate Melissa's Animal Rescue. A flier for the business lists the Route 82 address and asks for donations for the organization.
A phone number listed on the flier has been disconnected and a number provided by Norris also was disconnected. A message left Tuesday at Giambrone Construction was not returned.
Firster said the investigation is ongoing and more charges against Giambrone may be filed later.
Four of the horses removed from Giambrone's property remain at Happy Trails Farm Animal Sanctuary in Ravenna. The rest are either in foster care or were picked up by their owners.
Owen said his was the only horse to be euthanized.
Officer Ashley Rowe Under Investigation After Off-Duty Crash
There's an investigation developing into an off-duty Altamonte Springs police officer who crashed and badly injured her passenger.
Ashley Rowe, 24, lost control and crashed just north of State Road 434 and Maitland Boulevard early Tuesday morning and state troopers said they're now investigating whether Rowe had been drinking.
A scraped-up tree is the most visible evidence left from the crash on quiet Lotus Landing Boulevard (see map) in the wee hours of Tuesday morning. Florida Highway Patrol officials suspect off-duty Altamonte Springs police officer Ashley Rowe may have been drunk when she lost control, critically injuring her passenger. They took a sample of her blood at the hospital.
“I just wanted to make sure it's investigated the way it should be investigated and whatever comes out comes out,” said Tom Kroohs, the father of the injured passenger.
Kroohs' son Michael was still in serious condition Tuesday night. Kroohs says he doesn't know for sure about the drinking, but he does know a group of police officers and EMTs was out partying earlier in the evening before the crash.
“There was a bunch of people out at a restaurant, down at Millenia Mall or something. They were all coming back here,” he said.
Kroohs, who is an EMT with Reedy Creek, and Officer Rowe never made it. Tuesday afternoon, there were still shards of glass embedded in the bark of the tree Rowe hit.
Altamonte Springs Police Department put Rowe on paid leave while FHP investigates. Police officials said only when FHP finishes its investigation in about eight weeks will they decide if and how to punish Rowe.
Rowe has no previous criminal history.
Ashley Rowe, 24, lost control and crashed just north of State Road 434 and Maitland Boulevard early Tuesday morning and state troopers said they're now investigating whether Rowe had been drinking.
A scraped-up tree is the most visible evidence left from the crash on quiet Lotus Landing Boulevard (see map) in the wee hours of Tuesday morning. Florida Highway Patrol officials suspect off-duty Altamonte Springs police officer Ashley Rowe may have been drunk when she lost control, critically injuring her passenger. They took a sample of her blood at the hospital.
“I just wanted to make sure it's investigated the way it should be investigated and whatever comes out comes out,” said Tom Kroohs, the father of the injured passenger.
Kroohs' son Michael was still in serious condition Tuesday night. Kroohs says he doesn't know for sure about the drinking, but he does know a group of police officers and EMTs was out partying earlier in the evening before the crash.
“There was a bunch of people out at a restaurant, down at Millenia Mall or something. They were all coming back here,” he said.
Kroohs, who is an EMT with Reedy Creek, and Officer Rowe never made it. Tuesday afternoon, there were still shards of glass embedded in the bark of the tree Rowe hit.
Altamonte Springs Police Department put Rowe on paid leave while FHP investigates. Police officials said only when FHP finishes its investigation in about eight weeks will they decide if and how to punish Rowe.
Rowe has no previous criminal history.
Former Inspector Keith Bridges Convicted of Killing Four People
A former police inspector who crashed his car in France, killing four people including his wife, has received a suspended sentence from a French court.
Keith Bridges, 52, came off the road yards from his home in the village of Berbiguieres, in the Dordogne region.
He had spent the night drinking when his overloaded Jeep came off the road and ploughed into trees in June 2006.
Bridges received a two-year suspended sentence for admitting a charge akin to manslaughter, while drink-driving.
Drinking session
He was also ordered to pay a fine of 200 euro (£180) for driving offences and banned from the road for two years by judges at the Tribunal de Grande Instance in Bergerac, south west France.
He survived with a broken leg but his wife Julie, 42, her daughter Bethany Lowe, 10, family friend Andrew Dyer, 41, and his 10-year-old daughter Gabriella died.
Bridges showed no emotion as he was handed the sentence for "homicide involontaire".
Gabriella Dyer
Gabriella Dyer, the daughter of a family friend, also died in the crash
Mr Dyer and his family, from Bridgwater, had been staying with the Bridges at their home.
The court heard the group went to see friends and drank about four bottles of wine, 22 small bottles of beer and at least a bottle of spirits in a cocktail mix before Bridges got behind the wheel.
An inquest in October heard Bethany and Gabriella begged the adults not to drive the mile home - even suggesting they could drive themselves.
Police estimated he was driving at around 101kmh (62mph) - well over the advisable limit of 70kmh, or 43mph.
He will live with this for the rest of his life
Tracey Dyer, survivor
Bridges, an officer with 30 years experience, was given a blood alcohol test a few hours later which revealed he was three times the French drink-drive limit - almost twice the UK limit.
The "talented driver" who was part of a special police unit which transported VIPs, could not explain why he had overloaded the car.
His long-standing friend Tracey Dyer, 41, one of the three surviving passengers in the car, lost her husband in the collision but has stood by Bridges throughout.
She said: "He gets up every morning and relives that evening and will always live with [the question of] 'what if I hadn't done that?'.
"He will live with this for the rest of his life. No prison sentence would have made any difference."
Edouard Knoll, the lawyer representing Gary Lowe, Bethany's father, in the civil part of the case, said: "Things are different in France from the way they are in England.
"In France, killing someone on the road is not the same as killing someone any other way - it is an accident and consequently the sentence is not as severe."
Keith Bridges, 52, came off the road yards from his home in the village of Berbiguieres, in the Dordogne region.
He had spent the night drinking when his overloaded Jeep came off the road and ploughed into trees in June 2006.
Bridges received a two-year suspended sentence for admitting a charge akin to manslaughter, while drink-driving.
Drinking session
He was also ordered to pay a fine of 200 euro (£180) for driving offences and banned from the road for two years by judges at the Tribunal de Grande Instance in Bergerac, south west France.
He survived with a broken leg but his wife Julie, 42, her daughter Bethany Lowe, 10, family friend Andrew Dyer, 41, and his 10-year-old daughter Gabriella died.
Bridges showed no emotion as he was handed the sentence for "homicide involontaire".
Gabriella Dyer
Gabriella Dyer, the daughter of a family friend, also died in the crash
Mr Dyer and his family, from Bridgwater, had been staying with the Bridges at their home.
The court heard the group went to see friends and drank about four bottles of wine, 22 small bottles of beer and at least a bottle of spirits in a cocktail mix before Bridges got behind the wheel.
An inquest in October heard Bethany and Gabriella begged the adults not to drive the mile home - even suggesting they could drive themselves.
Police estimated he was driving at around 101kmh (62mph) - well over the advisable limit of 70kmh, or 43mph.
He will live with this for the rest of his life
Tracey Dyer, survivor
Bridges, an officer with 30 years experience, was given a blood alcohol test a few hours later which revealed he was three times the French drink-drive limit - almost twice the UK limit.
The "talented driver" who was part of a special police unit which transported VIPs, could not explain why he had overloaded the car.
His long-standing friend Tracey Dyer, 41, one of the three surviving passengers in the car, lost her husband in the collision but has stood by Bridges throughout.
She said: "He gets up every morning and relives that evening and will always live with [the question of] 'what if I hadn't done that?'.
"He will live with this for the rest of his life. No prison sentence would have made any difference."
Edouard Knoll, the lawyer representing Gary Lowe, Bethany's father, in the civil part of the case, said: "Things are different in France from the way they are in England.
"In France, killing someone on the road is not the same as killing someone any other way - it is an accident and consequently the sentence is not as severe."
Officer Eugene Rodella Fired After Fight at Bar
Eugene Rodella has been fired from his job as an Española police officer because of a fight two months ago at a tattoo parlor and hookah bar, according to Española Police Chief Julian Gonzales.
And it remains to be seen whether he can keep his license to be a cop as a law enforcement board mulls punishment for Rodella's involvement in the Oct. 7 off-duty rumble that sent two people to the hospital.
Gonzales said Rodella's termination was effective Wednesday of last week and was based on actions that the chief deemed as "firing offenses."
"There was substantial information developed through the internal affairs investigation to show he broke some criminal laws by committing assault and battery on the owner of the tattoo parlor," Gonzales said Friday.
The chief said Rodella - who, according to a State Pol ice report, ad m it ted drinking before the ruckus - "brought negative publicity to the city" and did not conduct himself appropriately as an off-duty officer in engaging in the fight.
The incident began when Rodella and younger brother Gabriel Rodella went to the Dragon's Lair Hookah Lounge and Defiant Artist Tattoo Parlor, where they instigated a fight with someone associated with the shops, according to police documents and 911 recordings.
The Rodella brothers went into the hookah lounge - which adjoins the tattoo shop - and confronted Christopher Whitsell, whom the brothers accused of beating up their nephew, T.J. Rodella, in a fight that took place at the same location the night before.
T.J. Rodella is the son of state Rep. Debbie Rodella, D-Española, and former Rio Arriba County Magistrate Tommy Rodella - the brother of Eugene and Gabriel Rodella. Tommy Rodella is running for Rio Arriba County sheriff.
Gabriel Rodella began punching and choking Whitsell in the parking lot before Whitsell tried to get away by running into the tattoo shop, according to police reports. The Rodellas chased after Whitsell and followed him into a room where Española police Detective Bryan Martinez was getting a tattoo.
The Rodellas pushed their way into the room and began fighting with tattoo shop owner Marlo Gray, who was sent to the hospital following the fight, as was Whitsell.
In a recording of 911 call, Detective Martinez can he heard telling officer Rodella, "You can't be doing that (expletive), bro." He also told a dispatcher, "They just came in here and broke a bunch of (expletive) and beat up a couple of guys."
Chief Gonzales said he sent Eugene Rodella - who was placed on paid administrative leave after the incident - notice on Nov. 23 that he was contemplating termination after an internal affairs investigation was concluded. The chief then met with Rodella, who gave his side of the story. After consulting with the department's deputy chiefs, Gonzales made a final decision to fire Rodella, the chief said.
Rodella can appeal the decision through a city grievance officer. Efforts to reach the Rodellas since the October fight have been unsuccessful.
According to the Rio Grande Sun, the hookah lounge and tattoo parlor closed down recently because of questions about whether the businesses
were properly licensed.
Eugene Rodella is facing other possible action. He took part in an informal hearing Thursday with state Law Enforcement Academy Director Arthur Ortiz, where they discussed the tattoo parlor incident, Ortiz said Friday.
Rodella faces possible punishment from the board, which he had already been in hot water with stemming from a prior case involving domestic violence allegations, Ortiz said. In March, Rodella was placed on one year's probation and other sanctions because of the previous case, which did not result in criminal charges.
With the latest alleged incident at the tattoo parlor, Rodella faces a potential five-year revocation of his law enforcement certification. If that sanction is imposed, he would have to go before the board after the revocation period to get recertified, Ortiz said. Rodella could also get lesser penalties, such as a lighter suspension period or more probation, or the matter could be dismissed by the law enforcement board altogether.
Ortiz said he will make a decision on what he intends to recommend to the board next week.
Whether Rodella face criminal charges from the October fight remains up in the air. District Attorney Angela "Spence" Pacheco has said her office continues to investigate.
And it remains to be seen whether he can keep his license to be a cop as a law enforcement board mulls punishment for Rodella's involvement in the Oct. 7 off-duty rumble that sent two people to the hospital.
Gonzales said Rodella's termination was effective Wednesday of last week and was based on actions that the chief deemed as "firing offenses."
"There was substantial information developed through the internal affairs investigation to show he broke some criminal laws by committing assault and battery on the owner of the tattoo parlor," Gonzales said Friday.
The chief said Rodella - who, according to a State Pol ice report, ad m it ted drinking before the ruckus - "brought negative publicity to the city" and did not conduct himself appropriately as an off-duty officer in engaging in the fight.
The incident began when Rodella and younger brother Gabriel Rodella went to the Dragon's Lair Hookah Lounge and Defiant Artist Tattoo Parlor, where they instigated a fight with someone associated with the shops, according to police documents and 911 recordings.
The Rodella brothers went into the hookah lounge - which adjoins the tattoo shop - and confronted Christopher Whitsell, whom the brothers accused of beating up their nephew, T.J. Rodella, in a fight that took place at the same location the night before.
T.J. Rodella is the son of state Rep. Debbie Rodella, D-Española, and former Rio Arriba County Magistrate Tommy Rodella - the brother of Eugene and Gabriel Rodella. Tommy Rodella is running for Rio Arriba County sheriff.
Gabriel Rodella began punching and choking Whitsell in the parking lot before Whitsell tried to get away by running into the tattoo shop, according to police reports. The Rodellas chased after Whitsell and followed him into a room where Española police Detective Bryan Martinez was getting a tattoo.
The Rodellas pushed their way into the room and began fighting with tattoo shop owner Marlo Gray, who was sent to the hospital following the fight, as was Whitsell.
In a recording of 911 call, Detective Martinez can he heard telling officer Rodella, "You can't be doing that (expletive), bro." He also told a dispatcher, "They just came in here and broke a bunch of (expletive) and beat up a couple of guys."
Chief Gonzales said he sent Eugene Rodella - who was placed on paid administrative leave after the incident - notice on Nov. 23 that he was contemplating termination after an internal affairs investigation was concluded. The chief then met with Rodella, who gave his side of the story. After consulting with the department's deputy chiefs, Gonzales made a final decision to fire Rodella, the chief said.
Rodella can appeal the decision through a city grievance officer. Efforts to reach the Rodellas since the October fight have been unsuccessful.
According to the Rio Grande Sun, the hookah lounge and tattoo parlor closed down recently because of questions about whether the businesses
were properly licensed.
Eugene Rodella is facing other possible action. He took part in an informal hearing Thursday with state Law Enforcement Academy Director Arthur Ortiz, where they discussed the tattoo parlor incident, Ortiz said Friday.
Rodella faces possible punishment from the board, which he had already been in hot water with stemming from a prior case involving domestic violence allegations, Ortiz said. In March, Rodella was placed on one year's probation and other sanctions because of the previous case, which did not result in criminal charges.
With the latest alleged incident at the tattoo parlor, Rodella faces a potential five-year revocation of his law enforcement certification. If that sanction is imposed, he would have to go before the board after the revocation period to get recertified, Ortiz said. Rodella could also get lesser penalties, such as a lighter suspension period or more probation, or the matter could be dismissed by the law enforcement board altogether.
Ortiz said he will make a decision on what he intends to recommend to the board next week.
Whether Rodella face criminal charges from the October fight remains up in the air. District Attorney Angela "Spence" Pacheco has said her office continues to investigate.
Const. Jeffrey Buchanan Charged with Extorting Money
The Halifax police constable charged Sunday with extorting money from a man last week is accused of receiving $5,100, according to court documents obtained by CBC News.
The prosecution documents claim that Const. Jeffrey Buchanan, 29, demanded the money from Shawn Banfield, who is scheduled to be in provincial court Wednesday to face other charges.
The allegation details are in documents that are publicly available at the courthouse. They have yet to be proven.
The extortion is alleged to have happened in Halifax on Thursday, Dec. 10.
Buchanan was arrested Saturday at 2:30 a.m. while on duty and charged early Sunday. He is not in custody but has been suspended with pay.
He is scheduled to be in court on Jan. 26 to face charges of extortion and breach of trust.
Banfield is due in court Wednesday to face charges of assault and resisting and obstructing a police officer, dating to Dec. 9 and 10.
On Sunday, Halifax deputy police chief Chris McNeil said a "complex" investigation was conducted by the integrated Halifax Regional Police and RCMP team.
"Some of the witnesses were not necessarily forthcoming and co-operative," he said. "This is not a complainant who came forward to say 'I was extorted.'
"This is circumstances where police uncovered criminal activity and had to go out and seek out these people and not all of them were co-operative."
The prosecution documents claim that Const. Jeffrey Buchanan, 29, demanded the money from Shawn Banfield, who is scheduled to be in provincial court Wednesday to face other charges.
The allegation details are in documents that are publicly available at the courthouse. They have yet to be proven.
The extortion is alleged to have happened in Halifax on Thursday, Dec. 10.
Buchanan was arrested Saturday at 2:30 a.m. while on duty and charged early Sunday. He is not in custody but has been suspended with pay.
He is scheduled to be in court on Jan. 26 to face charges of extortion and breach of trust.
Banfield is due in court Wednesday to face charges of assault and resisting and obstructing a police officer, dating to Dec. 9 and 10.
On Sunday, Halifax deputy police chief Chris McNeil said a "complex" investigation was conducted by the integrated Halifax Regional Police and RCMP team.
"Some of the witnesses were not necessarily forthcoming and co-operative," he said. "This is not a complainant who came forward to say 'I was extorted.'
"This is circumstances where police uncovered criminal activity and had to go out and seek out these people and not all of them were co-operative."
Officer Chad Robinson Accused of Domestic Violence
A Springfield Park District police officer is on unpaid administrative leave because of accusations that he battered a female family member.
Chad Robinson, 32, has been on leave since Oct. 23, according to Capt. Jonathan Davis of the park police.
Court documents indicate that’s the day Robinson allegedly threw a glass of beer at the family member and “grabbed her throat and arm roughly.” No further information was available regarding the nature of the incident.
Robinson began as a part-time park district police officer in October 2006 and was hired as a full-time officer in May 2007, Davis said. His exact salary was not available Monday, but Davis said it was “in the upper 30s.”
Davis referred other questions to Mike Stratton, executive director of the park district.
“I understand there are some issues involved in his personal life,” Stratton said Monday. “I’m not sure of the details associated with that at this point.”
Stratton said the incident is under review, but that he could not comment further because it is a personnel matter. Robinson will remain on leave while the investigation continues, Stratton said.
Robinson has pleaded not guilty to one count of domestic battery. A trial on that charge is set for Jan. 26.
Meanwhile, he is being sued by Monroe Garden Apartments for $900 in alleged unpaid rent from October and November, according to court documents.
A bench trial in that lawsuit is scheduled for 9 a.m. today.
Chad Robinson, 32, has been on leave since Oct. 23, according to Capt. Jonathan Davis of the park police.
Court documents indicate that’s the day Robinson allegedly threw a glass of beer at the family member and “grabbed her throat and arm roughly.” No further information was available regarding the nature of the incident.
Robinson began as a part-time park district police officer in October 2006 and was hired as a full-time officer in May 2007, Davis said. His exact salary was not available Monday, but Davis said it was “in the upper 30s.”
Davis referred other questions to Mike Stratton, executive director of the park district.
“I understand there are some issues involved in his personal life,” Stratton said Monday. “I’m not sure of the details associated with that at this point.”
Stratton said the incident is under review, but that he could not comment further because it is a personnel matter. Robinson will remain on leave while the investigation continues, Stratton said.
Robinson has pleaded not guilty to one count of domestic battery. A trial on that charge is set for Jan. 26.
Meanwhile, he is being sued by Monroe Garden Apartments for $900 in alleged unpaid rent from October and November, according to court documents.
A bench trial in that lawsuit is scheduled for 9 a.m. today.
Former Officer James Tallent Sentenced of Using Excessive Force
A former South Carolina officer is serving a 90-day jail sentence after a jury found he used excessive force in arresting three men.
The Herald-Journal of Spartanburg reports Tuesday that former Gaffney policeman James Tallent was convicted Friday of misconduct in office. The 43-year-old was sentenced to 90 days in the Cherokee County jail, six months of home detention and two years of probation.
Eddie Gilfillan, Leonard Tinnin and David Cobb complained of excessive force after their arrests Dec. 16, 2007, in a sports bar. Their charges were dropped before Tallent's trial.
Prosecutors said Tallent sprayed one man in the face with pepper spray and struck another repeatedly with a police baton.
Tallent's attorney argued he used police procedure in the arrests.
Information from: Herald-Journal, http://www.goupstate.com/
The Herald-Journal of Spartanburg reports Tuesday that former Gaffney policeman James Tallent was convicted Friday of misconduct in office. The 43-year-old was sentenced to 90 days in the Cherokee County jail, six months of home detention and two years of probation.
Eddie Gilfillan, Leonard Tinnin and David Cobb complained of excessive force after their arrests Dec. 16, 2007, in a sports bar. Their charges were dropped before Tallent's trial.
Prosecutors said Tallent sprayed one man in the face with pepper spray and struck another repeatedly with a police baton.
Tallent's attorney argued he used police procedure in the arrests.
Information from: Herald-Journal, http://www.goupstate.com/
Former Officer Pilar Ortiz-Buckley Settles Sexual Harassment Lawsuit
A former police officer from Atherton is settling a sexual harassment lawsuit with the city for $230,000.
Former officer Pilar Ortiz-Buckley claimed the city's public workers supervisor sexually harassed her, and then forced her out of the police department when she complained to her superiors.
The city of Atherton decided to settle the case outside of court, without even taking legal depositions in the case.
The public works supervisor, Troy Henderson, is still employed by the city.
Former officer Pilar Ortiz-Buckley claimed the city's public workers supervisor sexually harassed her, and then forced her out of the police department when she complained to her superiors.
The city of Atherton decided to settle the case outside of court, without even taking legal depositions in the case.
The public works supervisor, Troy Henderson, is still employed by the city.
Officer Jose Villarreal Charged with Forging Documents
A Mexican national allegedly used forged documents to obtain U.S. citizenship and a job as a Homestead, Fla., police officer, authorities said.
Jose Villarreal, 31, has been charged with official misconduct, obtaining forged instruments and making false official statements, The Miami Herald reported Tuesday.
Villarreal's citizenship certificate was falsely obtained and the birth certificate he used contained false information about his date of birth, his middle name and his mother's name, the Florida Department of Law Enforcement said.
Villarreal, who was arrested Friday, was hired by Homestead
police in 2006. He has been placed on administrative leave with pay, police spokesman Ed Bowe said.
"It's always a disappointment for any department when a police officer is arrested,'' Bowe said.
Jose Villarreal, 31, has been charged with official misconduct, obtaining forged instruments and making false official statements, The Miami Herald reported Tuesday.
Villarreal's citizenship certificate was falsely obtained and the birth certificate he used contained false information about his date of birth, his middle name and his mother's name, the Florida Department of Law Enforcement said.
Villarreal, who was arrested Friday, was hired by Homestead
police in 2006. He has been placed on administrative leave with pay, police spokesman Ed Bowe said.
"It's always a disappointment for any department when a police officer is arrested,'' Bowe said.
Monday, December 14, 2009
Former Officer Marcus Tafoya Accused of Hitting People at Party
The father of a returning Iraqi war veteran testified on Monday that he saw a former Fresno police officer inappropriately hit several people at a party for his son.
David Rendon told jurors that after an argument broke out during the party for his son George, he saw officer Marcus Tafoya hit at least four people with his baton.
But under cross-examination, Rendon admitted that he locked the screen door of his house after Tafoya went inside, and that he wanted to go get his gun.
Rendon said if he had gotten the weapon, he would have done what he had to do to keep Tafoya from harming anyone else.
Rendon denied yelling, "I know Jerry Dyer personally -- you wait until he hears about this" -- referring to Fresno's police chief.
Late Monday afternoon, police Sgt. Richard Brown testified that when he went to the party scene that night, Officer Tafoya appeared to be upset, and he looked disheveled -- as if he had been in a struggle.
Tafoya is accused of eight counts of assault and one count of burglary in connection with that party and three other incidents.
He was fired from the police department two years ago.
David Rendon told jurors that after an argument broke out during the party for his son George, he saw officer Marcus Tafoya hit at least four people with his baton.
But under cross-examination, Rendon admitted that he locked the screen door of his house after Tafoya went inside, and that he wanted to go get his gun.
Rendon said if he had gotten the weapon, he would have done what he had to do to keep Tafoya from harming anyone else.
Rendon denied yelling, "I know Jerry Dyer personally -- you wait until he hears about this" -- referring to Fresno's police chief.
Late Monday afternoon, police Sgt. Richard Brown testified that when he went to the party scene that night, Officer Tafoya appeared to be upset, and he looked disheveled -- as if he had been in a struggle.
Tafoya is accused of eight counts of assault and one count of burglary in connection with that party and three other incidents.
He was fired from the police department two years ago.
Officer Jack Tiller Accused of Child Abuse
A Walkerton police officer has been accused of child abuse, in an incident that was reported last week to St. Joseph County police.
Jack Tiller, an officer with the Walkerton Police Department in far southwest St. Joseph County, is accused of abusing his daughter at the family's home, allegedly punching her in the arm and face, throwing her to the ground and spitting on her after the girl and Tiller's wife got into an argument Dec. 8.
Sgt. Bill Redman, St. Joseph County police spokesman, said the girl complained to an officer at Penn High School, who reported seeing bruises on the girl's arm and head.
According to Redman, the girl told police the fight occurred after she kept her father waiting to pick her up at the school.
St. Joseph County Prosecutor Michael Dvorak said the case has been received by the prosecutor's office Special Victims/Family Violence unit, but no charging decision has been made yet.
Tiller's current status with the Walkerton Police Department is not known, as Police Chief Gary Layer was out of the office today and other officers could not comment on the case.
Town Council member Glenn Jerrell said the suspension of a police officer would be discussed before the council.
"I'm making no comment about it," Jerrell said, when asked if Tiller had been suspended.
Tiller is the former town marshal of Roseland, but left in October 2007 because the city's budget problems resulted in payroll not being met.
In December 2007, Tiller was the subject of a grand jury investigation after he was accused of battering then-Roseland Town Council member David Snyder during an arrest, but no charges were ever filed in the case.
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More Information:
Jack Tiller, an officer with the Walkerton Police Department in far southwest St. Joseph County, is accused of abusing his daughter at the family's home, allegedly punching her in the arm and face, throwing her to the ground and spitting on her after the girl and Tiller's wife got into an argument Dec. 8.
Sgt. Bill Redman, St. Joseph County police spokesman, said the girl complained to an officer at Penn High School, who reported seeing bruises on the girl's arm and head.
According to Redman, the girl told police the fight occurred after she kept her father waiting to pick her up at the school.
St. Joseph County Prosecutor Michael Dvorak said the case has been received by the prosecutor's office Special Victims/Family Violence unit, but no charging decision has been made yet.
Tiller's current status with the Walkerton Police Department is not known, as Police Chief Gary Layer was out of the office today and other officers could not comment on the case.
Town Council member Glenn Jerrell said the suspension of a police officer would be discussed before the council.
"I'm making no comment about it," Jerrell said, when asked if Tiller had been suspended.
Tiller is the former town marshal of Roseland, but left in October 2007 because the city's budget problems resulted in payroll not being met.
In December 2007, Tiller was the subject of a grand jury investigation after he was accused of battering then-Roseland Town Council member David Snyder during an arrest, but no charges were ever filed in the case.
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More Information:
DC Officer Accused of Hit and Run
Police are saying little about an incident in which a D.C. police cruiser apparently hit a teenager during a chase -- and then left the scene.
Dominic Turner, 18, suffered broken ribs, internal bleeding and a back injury when he was hit Saturday night. He returned home Monday afternoon, with a walker, after two days in the hospital.
"It was hard and fast. It caused me to vomit (from) the impact," Turner said. "I'm just glad I'm still here."
It all began, according to Turner's family, when a group of men, including Turner, were standing outside a family gathering holding cups. Police saw them and told them to drop the cups. That somehow evolved into a police chase. Turner was struck about 8:30 p.m. Saturday in an alley near 20th and Newton streets NE.
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A witnesses told the family the police cruiser hit Turner and the officer got out of the cruiser, walked over to the teen, grabbed him and then got back in the cruiser and took off.
"They were the people who were supposed to look out for me, but I became a victim," Turner said.
Witnesses went to get Turner's parents a the family gathering. The parents and relatives ran to the scene, finding Turner doubled over in pain, they said. The police and police cruiser were gone.
"When we arrived, it was the first responders there: ambulance and fire. And then, like 10 minutes later, the police were back," said Turner's mother, Darhisha Jackson Milton.
Milton and her husband, Gregory Milton, Turner's stepfather, said they were stunned by the police's alleged behavior.
"He should have done something instead of just leaving him there," Gregory Milton said. "He didn't do anything. He just hit him and then left."
According Turner's mother, their relatives, who had gathered at the scene, asked the police officers "'Who hit him?'" She said one officer -- after about 10 minutes -- said, "'Ma'am, I'm the one who hit your son.'"
Turner's relatives photographed the damaged cruiser when it returned to the scene Saturday night.
Jackson Turner said she didn't get the officer's name. Relatives took pictures of the damaged cruiser, number 5023. There was a long impact mark on the right side, including a broken side-view mirror.
"The mirror that was broken on the side of the car, was on my ribs and my stomach was on a light post," Turner said.
D.C. police did not directly confirm or deny the allegations. Gwendolyn Crump, the acting director of the MPD's Office of Communications issued a written statement:
"Multiple statements were taken following the incident and there are discrepancies over what occurred. The matter and the allegations are being investigated by the Internal Affairs Division. We cannot comment further. "
Turner graduated in May from Washington Math, Science, and Technology High School. He says he plans to start classes at Prince George's Community College next month.
Dominic Turner, 18, suffered broken ribs, internal bleeding and a back injury when he was hit Saturday night. He returned home Monday afternoon, with a walker, after two days in the hospital.
"It was hard and fast. It caused me to vomit (from) the impact," Turner said. "I'm just glad I'm still here."
It all began, according to Turner's family, when a group of men, including Turner, were standing outside a family gathering holding cups. Police saw them and told them to drop the cups. That somehow evolved into a police chase. Turner was struck about 8:30 p.m. Saturday in an alley near 20th and Newton streets NE.
ABC 7 Talkback:
Click Here to Comment on this Story
A witnesses told the family the police cruiser hit Turner and the officer got out of the cruiser, walked over to the teen, grabbed him and then got back in the cruiser and took off.
"They were the people who were supposed to look out for me, but I became a victim," Turner said.
Witnesses went to get Turner's parents a the family gathering. The parents and relatives ran to the scene, finding Turner doubled over in pain, they said. The police and police cruiser were gone.
"When we arrived, it was the first responders there: ambulance and fire. And then, like 10 minutes later, the police were back," said Turner's mother, Darhisha Jackson Milton.
Milton and her husband, Gregory Milton, Turner's stepfather, said they were stunned by the police's alleged behavior.
"He should have done something instead of just leaving him there," Gregory Milton said. "He didn't do anything. He just hit him and then left."
According Turner's mother, their relatives, who had gathered at the scene, asked the police officers "'Who hit him?'" She said one officer -- after about 10 minutes -- said, "'Ma'am, I'm the one who hit your son.'"
Turner's relatives photographed the damaged cruiser when it returned to the scene Saturday night.
Jackson Turner said she didn't get the officer's name. Relatives took pictures of the damaged cruiser, number 5023. There was a long impact mark on the right side, including a broken side-view mirror.
"The mirror that was broken on the side of the car, was on my ribs and my stomach was on a light post," Turner said.
D.C. police did not directly confirm or deny the allegations. Gwendolyn Crump, the acting director of the MPD's Office of Communications issued a written statement:
"Multiple statements were taken following the incident and there are discrepancies over what occurred. The matter and the allegations are being investigated by the Internal Affairs Division. We cannot comment further. "
Turner graduated in May from Washington Math, Science, and Technology High School. He says he plans to start classes at Prince George's Community College next month.
Officer Phillip Setty Under Investigation for Being at Party where Underage Drinking was Taking Place
A local police officer is under investigation after pictures caught him in a compromising situation.
Photographs of a West Alexandria police officer dressed in uniform at a Halloween party where underage drinking was allegedly taking place.
The officer is Phillip Setty, a rookie policeman who's only been with the West Alexandria Police Department for a little over a year.
In fact, it was after work that he showed up at a Halloween party at an apartment in Bellbrook and pictures were taken that show what happened.
The 23 year old officer posed for pictures with several party goers, some holding alcohol. Setty also pretended to arrest one young woman also dressed up in a police uniform. In one photo, she has a drink in her hand while sitting on officer Setty's lap. In others, the female appears to be drinking shots.
The problem with that was found on her own myspace page along with several of the photographs. According to her profile, she is only nineteen and was drinking alcohol along with another person who claimed to be underage, while Officer Setty was present at the party.
Chief Charles Webb said, "We were just notified of this, this morning."
Some West Alexandria residents said they are disappointed in the alleged actions of a man who is supposed to be held to a higher standard. "Well, I think he should be dismissed," said Gene Moore.
While officers are investigating to determine if any crime occurred, the chief said he is worried about what the pictures suggest. "He is placed on administrative leave until we investigate it," said Webb.
There are also departmental policies on when and where police officers can wear their uniforms. Chief Webb said, "If you are going home or something it's acceptable, but if go to a party as this officer allegedly did, that is definitely not within our policy."
Setty is currently on unpaid administrative leave.
Photographs of a West Alexandria police officer dressed in uniform at a Halloween party where underage drinking was allegedly taking place.
The officer is Phillip Setty, a rookie policeman who's only been with the West Alexandria Police Department for a little over a year.
In fact, it was after work that he showed up at a Halloween party at an apartment in Bellbrook and pictures were taken that show what happened.
The 23 year old officer posed for pictures with several party goers, some holding alcohol. Setty also pretended to arrest one young woman also dressed up in a police uniform. In one photo, she has a drink in her hand while sitting on officer Setty's lap. In others, the female appears to be drinking shots.
The problem with that was found on her own myspace page along with several of the photographs. According to her profile, she is only nineteen and was drinking alcohol along with another person who claimed to be underage, while Officer Setty was present at the party.
Chief Charles Webb said, "We were just notified of this, this morning."
Some West Alexandria residents said they are disappointed in the alleged actions of a man who is supposed to be held to a higher standard. "Well, I think he should be dismissed," said Gene Moore.
While officers are investigating to determine if any crime occurred, the chief said he is worried about what the pictures suggest. "He is placed on administrative leave until we investigate it," said Webb.
There are also departmental policies on when and where police officers can wear their uniforms. Chief Webb said, "If you are going home or something it's acceptable, but if go to a party as this officer allegedly did, that is definitely not within our policy."
Setty is currently on unpaid administrative leave.
Former Officer Jose Sanchez Sentenced to 8 years for Molesting Teen
A former police officer in a San Antonio school district was sentenced to eight years in prison for molesting a teenage girl.
Jose Sanchez was working for the Edgewood Independent School District in 2007 when the victim, who is now 20, told authorities that Sanchez had sexually assaulted her from the time she was 11 to age 16. The incidents were not related the 59-year-old's job, but he was suspended and later resigned.
Sanchez pleaded no contest to sexual assault last month and was sentenced on Monday.
Jose Sanchez was working for the Edgewood Independent School District in 2007 when the victim, who is now 20, told authorities that Sanchez had sexually assaulted her from the time she was 11 to age 16. The incidents were not related the 59-year-old's job, but he was suspended and later resigned.
Sanchez pleaded no contest to sexual assault last month and was sentenced on Monday.
City Settles Lawsuit in Police Misconduct Case
Police told Jason Giandomenico to stay away from a Hawthorne liquor store. He admits to ignoring the order, but said that was no reason for an officer to break his jaw.
In October, the city paid Giandomenico $275,000 to settle his legal claim.
The payout propelled Hawthorne's settlements in police misconduct cases over the past five or so years beyond the $2 million mark, according to a Daily Breeze analysis.
Tommy Kang, the officer involved in the confrontation with Giandomenico, was responsible for more than a quarter of the city's payouts. Kang, a Medal of Valor recipient, is no longer with the force.
In another incident, Kang fractured Alex Rivera's neck during a domestic disturbance arrest at his home in 2007. Rivera, who claimed he was struck and hogtied by Kang, settled his case against the city in August for $340,000.
Kang was also named in two other claims stemming from the same shooting outside a bar on Christmas Day in 2003.
The city did not settle those claims, filed by a bystander shot in the foot and the family of a gunman killed by the officers.
The bystander filed a federal lawsuit, but a judge dismissed it on its merits without awarding anything, according to court records.
Kang and his partner received the Medal of Valor for the shooting in 2004.
It does not appear from the records that any one officer, aside from Kang, stands out as overly aggressive.
In all, his actions have cost the city $615,000.
Since 2004, the city has paid $2,117,200 to settle 15 claims of excessive force and other civil rights allegations.
It is difficult to compare Hawthorne's figures to other South Bay cities because of vastly different demographics and crime trends. However, one similarly sized city with nearly the same number of sworn officers has paid out only $20,000 in a single police misconduct case over the same time period.
Some Hawthorne officials, who asked not to be named, expressed concern about the payouts. They cited the expense to taxpayers, as well as public safety concerns.
A police spokesman, though, said there is nothing disturbing about the record.
"Compared to the amount of arrests and crimes in our city, and what our police officers are faced against every day, we feel that is not an unreasonable number, compared to neighboring cities," Lt. Mike Ishii said.
"If you take this into account, I would say it shows that, by and large, our officers are doing an effective job fighting crime and keeping the streets safe under difficult conditions," he added.
Ishii and City Manager Jag Pathirana said every significant incident of excessive force or civil rights violations is met with an appropriate response, which has included additional training and, in some cases, discipline of officers.
"We do learn from our mistakes," Pathirana added. "Corrective action has been taken every time."
Ishii confirmed that, as of Sept. 30, Kang was no longer employed by the city. He said he could not elaborate on the details of Kang's employment status because it is a personnel matter.
However, experts say that personnel actions and large settlements bring validity to such claims.
"If they're settling them at these numbers, I would say these claims are probably meritorious," Karen Blum, a professor at Suffolk University School of Law in Boston, said of Hawthorne.
Cases alleging police misconduct and civil rights violations are generally difficult for plaintiffs to win, Blum said.
But Blum, city officials and lawyers on both sides of police litigation know that many decisions to settle are based on economics.
"Of course, the downside to that is you look out the front door and there's a line of lawyers looking for their settlement check. A city can get a reputation," said Bruce Praet, an attorney at Ferguson, Praet & Sherman in Santa Ana who specializes in defending cities in police misconduct litigation.
"Anybody can file a lawsuit for anything and it's not infrequent that people who engage in confrontations with law enforcement, frankly, have little to lose by filing a lawsuit - and plenty to gain," added Praet, who does not represent Hawthorne.
Before a lawsuit can be filed against a government entity in state court, a legal claim must be filed. Once a claim is denied - or sometimes ignored - a lawsuit can be filed.
However, federal civil rights lawsuits do not require the filing of a government claim first.
In Hawthorne, City Attorney Russell Miyahira said, each settlement recommendation is made with "prudent risk management decisions."
Any characterization that the city has settled "a lot" of cases for a substantial amount of money is wrong, he said.
"Anybody can make a claim of misconduct," said Miyahira, who declined to discuss individual cases. "A lot of them are unfounded."
In one unusual case, however, Hawthorne paid a $40,000 settlement to a man who never even filed a claim for injuries he received during an arrest.
Omar Hill tried two times to file a federal lawsuit without an attorney, but it appears from court records he couldn't afford the filing fees and was never successful.
Hill's 2006 arrest was captured on video by a patrol car camera. According to sources who viewed the footage, Hill is first seen on the ground in handcuffs with officers holding him down.
When the patrol car stops, another officer enters the frame, runs to Hill, and kicks him in the head, face and back.
It's not clear why Hill was being arrested. California Department of Corrections and Rehabilitation show he is a repeat offender who has had several prison commitments.
Records show he is serving six years for an assault with a firearm conviction.
Miyahira, the city attorney, confirmed that Hill was offered a settlement even though no claim was filed.
Praet, the defense litigator, said the city's decision to approach Hill with an offer is not uncommon in his line of work.
"We're going to take care of that person, do the right thing and pay their medical expenses and make them whole," Praet said.
However, Thomas Beck, who specializes in police civil rights cases, said he has never heard of a government agency offering that much money when a legal claim has not been submitted.
"The reason that happened is because of that piece of tape and the behavior of those cops," Beck speculated.
In August, at the request of Mayor Larry Guidi, Miyahira authored a memo to the City Council detailing the 13 cases settled at that point by the city during the previous five years.
Guidi declined comment, calling it a "personnel matter."
Pathirana, though, said he knows the facts of each case and said the settlements are "unfortunately, the cost of doing business."
Pathirana noted that the city is responsible only for the first $250,000 of any settlement under its insurance policy.
That means that, of the 15 settlements, about $1.2 million was paid by Hawthorne taxpayers.
Nearly half of the money was to settle one claim.
A former Hawthorne couple received $1 million earlier this year after a rough arrest resulted in a broken jaw for Anthony Goodrow, who also claimed his medical care was delayed and officers submitted false reports to justify his arrest.
That incident led to a police misconduct investigation by the District Attorney's Office that is still ongoing.
The other 14 settlements ranged from $2,000 to the $340,000 paid to Rivera, with most being less than $100,000.
The majority claimed false arrest, with a handful stemming from injury complaints.
In 2004, a $50,000 settlement was paid to then-Gardena Councilman Steve Bradford. Bradford, recently elected to the state Assembly, claimed he was wrongly arrested in 2002 because he is black.
No Hawthorne Police Officer Association representatives returned telephone calls or e-mails.
The Daily Breeze analysis also included a review of claims, lawsuits and settlements in three other South Bay cities in the last five years.
Although no two cities are exactly alike, Torrance, Gardena and Hermosa Beach were chosen because they compare similarly to Hawthorne in terms of police force size, crime statistics and demographics of the residents.
As of September, the city of Torrance, which is the largest in this analysis with 246 sworn officers and a population of nearly 141,600, had paid more than $1.5 million to settle 11 cases during the same five-year period.
One case accounts for nearly half of the money. The city paid $700,000 to family members of two burglary suspects who were shot after hiding out in a tool shed during a search in 2008.
Three other claims stemming from officer-involved shootings account for a bit more than $600,000, according to city records.
Gardena, which has 91 sworn officers serving nearly 92,500 residents, settled one misconduct claim in the same time period by paying $20,000 to a schoolteacher who said he was wrongly arrested because he is black, according to records and the man's attorney.
Hermosa Beach, a smaller city with just 39 sworn officers serving a population of approximately 18,500, paid $426,500 to settle four claims.
Nearly half of that money, though, was paid in recent weeks to settle a claim stemming from an August 2004 incident of alleged excessive force that sparked a federal investigation.
Although Hermosa Beach's demographics are not comparable to Hawthorne's, the city was included in the review because of its reported history of excessive force accusations that arise from alcohol-fueled confrontations at Pier Plaza.
Hawthorne, with a population of about 92,455 and 96 sworn officers, recorded four homicides, 919 assaults and 378 robberies in 2008. During that same year, Torrance had two homicides, 109 assaults and 173 robberies, while Gardena reported three homicides, 141 assaults and 230 robberies.
Still, Beck, the lawyer who specializes in police civil rights cases, said he doesn't believe Hawthorne police officers behave differently than officers in other cities.
"They don't stand out as having any more problems than any other agency," he said.
In October, the city paid Giandomenico $275,000 to settle his legal claim.
The payout propelled Hawthorne's settlements in police misconduct cases over the past five or so years beyond the $2 million mark, according to a Daily Breeze analysis.
Tommy Kang, the officer involved in the confrontation with Giandomenico, was responsible for more than a quarter of the city's payouts. Kang, a Medal of Valor recipient, is no longer with the force.
In another incident, Kang fractured Alex Rivera's neck during a domestic disturbance arrest at his home in 2007. Rivera, who claimed he was struck and hogtied by Kang, settled his case against the city in August for $340,000.
Kang was also named in two other claims stemming from the same shooting outside a bar on Christmas Day in 2003.
The city did not settle those claims, filed by a bystander shot in the foot and the family of a gunman killed by the officers.
The bystander filed a federal lawsuit, but a judge dismissed it on its merits without awarding anything, according to court records.
Kang and his partner received the Medal of Valor for the shooting in 2004.
It does not appear from the records that any one officer, aside from Kang, stands out as overly aggressive.
In all, his actions have cost the city $615,000.
Since 2004, the city has paid $2,117,200 to settle 15 claims of excessive force and other civil rights allegations.
It is difficult to compare Hawthorne's figures to other South Bay cities because of vastly different demographics and crime trends. However, one similarly sized city with nearly the same number of sworn officers has paid out only $20,000 in a single police misconduct case over the same time period.
Some Hawthorne officials, who asked not to be named, expressed concern about the payouts. They cited the expense to taxpayers, as well as public safety concerns.
A police spokesman, though, said there is nothing disturbing about the record.
"Compared to the amount of arrests and crimes in our city, and what our police officers are faced against every day, we feel that is not an unreasonable number, compared to neighboring cities," Lt. Mike Ishii said.
"If you take this into account, I would say it shows that, by and large, our officers are doing an effective job fighting crime and keeping the streets safe under difficult conditions," he added.
Ishii and City Manager Jag Pathirana said every significant incident of excessive force or civil rights violations is met with an appropriate response, which has included additional training and, in some cases, discipline of officers.
"We do learn from our mistakes," Pathirana added. "Corrective action has been taken every time."
Ishii confirmed that, as of Sept. 30, Kang was no longer employed by the city. He said he could not elaborate on the details of Kang's employment status because it is a personnel matter.
However, experts say that personnel actions and large settlements bring validity to such claims.
"If they're settling them at these numbers, I would say these claims are probably meritorious," Karen Blum, a professor at Suffolk University School of Law in Boston, said of Hawthorne.
Cases alleging police misconduct and civil rights violations are generally difficult for plaintiffs to win, Blum said.
But Blum, city officials and lawyers on both sides of police litigation know that many decisions to settle are based on economics.
"Of course, the downside to that is you look out the front door and there's a line of lawyers looking for their settlement check. A city can get a reputation," said Bruce Praet, an attorney at Ferguson, Praet & Sherman in Santa Ana who specializes in defending cities in police misconduct litigation.
"Anybody can file a lawsuit for anything and it's not infrequent that people who engage in confrontations with law enforcement, frankly, have little to lose by filing a lawsuit - and plenty to gain," added Praet, who does not represent Hawthorne.
Before a lawsuit can be filed against a government entity in state court, a legal claim must be filed. Once a claim is denied - or sometimes ignored - a lawsuit can be filed.
However, federal civil rights lawsuits do not require the filing of a government claim first.
In Hawthorne, City Attorney Russell Miyahira said, each settlement recommendation is made with "prudent risk management decisions."
Any characterization that the city has settled "a lot" of cases for a substantial amount of money is wrong, he said.
"Anybody can make a claim of misconduct," said Miyahira, who declined to discuss individual cases. "A lot of them are unfounded."
In one unusual case, however, Hawthorne paid a $40,000 settlement to a man who never even filed a claim for injuries he received during an arrest.
Omar Hill tried two times to file a federal lawsuit without an attorney, but it appears from court records he couldn't afford the filing fees and was never successful.
Hill's 2006 arrest was captured on video by a patrol car camera. According to sources who viewed the footage, Hill is first seen on the ground in handcuffs with officers holding him down.
When the patrol car stops, another officer enters the frame, runs to Hill, and kicks him in the head, face and back.
It's not clear why Hill was being arrested. California Department of Corrections and Rehabilitation show he is a repeat offender who has had several prison commitments.
Records show he is serving six years for an assault with a firearm conviction.
Miyahira, the city attorney, confirmed that Hill was offered a settlement even though no claim was filed.
Praet, the defense litigator, said the city's decision to approach Hill with an offer is not uncommon in his line of work.
"We're going to take care of that person, do the right thing and pay their medical expenses and make them whole," Praet said.
However, Thomas Beck, who specializes in police civil rights cases, said he has never heard of a government agency offering that much money when a legal claim has not been submitted.
"The reason that happened is because of that piece of tape and the behavior of those cops," Beck speculated.
In August, at the request of Mayor Larry Guidi, Miyahira authored a memo to the City Council detailing the 13 cases settled at that point by the city during the previous five years.
Guidi declined comment, calling it a "personnel matter."
Pathirana, though, said he knows the facts of each case and said the settlements are "unfortunately, the cost of doing business."
Pathirana noted that the city is responsible only for the first $250,000 of any settlement under its insurance policy.
That means that, of the 15 settlements, about $1.2 million was paid by Hawthorne taxpayers.
Nearly half of the money was to settle one claim.
A former Hawthorne couple received $1 million earlier this year after a rough arrest resulted in a broken jaw for Anthony Goodrow, who also claimed his medical care was delayed and officers submitted false reports to justify his arrest.
That incident led to a police misconduct investigation by the District Attorney's Office that is still ongoing.
The other 14 settlements ranged from $2,000 to the $340,000 paid to Rivera, with most being less than $100,000.
The majority claimed false arrest, with a handful stemming from injury complaints.
In 2004, a $50,000 settlement was paid to then-Gardena Councilman Steve Bradford. Bradford, recently elected to the state Assembly, claimed he was wrongly arrested in 2002 because he is black.
No Hawthorne Police Officer Association representatives returned telephone calls or e-mails.
The Daily Breeze analysis also included a review of claims, lawsuits and settlements in three other South Bay cities in the last five years.
Although no two cities are exactly alike, Torrance, Gardena and Hermosa Beach were chosen because they compare similarly to Hawthorne in terms of police force size, crime statistics and demographics of the residents.
As of September, the city of Torrance, which is the largest in this analysis with 246 sworn officers and a population of nearly 141,600, had paid more than $1.5 million to settle 11 cases during the same five-year period.
One case accounts for nearly half of the money. The city paid $700,000 to family members of two burglary suspects who were shot after hiding out in a tool shed during a search in 2008.
Three other claims stemming from officer-involved shootings account for a bit more than $600,000, according to city records.
Gardena, which has 91 sworn officers serving nearly 92,500 residents, settled one misconduct claim in the same time period by paying $20,000 to a schoolteacher who said he was wrongly arrested because he is black, according to records and the man's attorney.
Hermosa Beach, a smaller city with just 39 sworn officers serving a population of approximately 18,500, paid $426,500 to settle four claims.
Nearly half of that money, though, was paid in recent weeks to settle a claim stemming from an August 2004 incident of alleged excessive force that sparked a federal investigation.
Although Hermosa Beach's demographics are not comparable to Hawthorne's, the city was included in the review because of its reported history of excessive force accusations that arise from alcohol-fueled confrontations at Pier Plaza.
Hawthorne, with a population of about 92,455 and 96 sworn officers, recorded four homicides, 919 assaults and 378 robberies in 2008. During that same year, Torrance had two homicides, 109 assaults and 173 robberies, while Gardena reported three homicides, 141 assaults and 230 robberies.
Still, Beck, the lawyer who specializes in police civil rights cases, said he doesn't believe Hawthorne police officers behave differently than officers in other cities.
"They don't stand out as having any more problems than any other agency," he said.
Former Officer Maceo Simmons Re-Sentenced to 20 Years in Prison
A former Jackson police officer has been re-sentenced to 20 years in federal prison for sexually assaulting a woman while on duty in 1999.
The Clarion-Ledger reported that U.S. District Judge William Barbour Jr.'s ruling came Thursday in the case against Maceo Simmons.
The sentence is the third for Simmons in the same case since his 2005 conviction. Previous sentences were thrown out on appeal, based on how much prison time Simmons should have received under federal guidelines and the judge's discretion to deviate from them.
Simmons initially was sentenced to 20 years and later re-sentenced to life in prison.
The Clarion-Ledger reported that U.S. District Judge William Barbour Jr.'s ruling came Thursday in the case against Maceo Simmons.
The sentence is the third for Simmons in the same case since his 2005 conviction. Previous sentences were thrown out on appeal, based on how much prison time Simmons should have received under federal guidelines and the judge's discretion to deviate from them.
Simmons initially was sentenced to 20 years and later re-sentenced to life in prison.
Former Officer Maurice Morris Convicted of Attempted Sexual Battery
A former Riviera Beach K-9 officer was convicted today of attempted sexual battery, bribery and official misconduct and now faces an absolute maximum of 35 years in prison when sentenced in January.
Jurors convicted Maurice Morris following a trial last week featuring dueling stories: A prosecutor alleging he had sex with a female driver following a traffic stop, then disposed of two traffic tickets he had written her.
The defense argued that in an attempt to help her, Morris simply visited the woman's home to check her claim that she had a letter proving she didn't know her license was suspended. And that now she is inventing a story that he raped her.
Charged with sexual battery, punishable by up to 30 years in prison, jurors appeared to compromise with a lesser charge, finding him guilty of attempted sexual battery.
Morris' defense attorney, Nicole Sauvola, who could not immediately be reached following the verdict, has said she firmly believes in her client.
"He is not just not guilty. He is innocent. No good deed goes unpunished."
Assistant State Attorney Daliah Weiss argued at trial that Morris' brazen arrogance led him to have sex with the woman, an unsophisticated, vulnerable lady already in trouble with the law.
The woman was driving with a suspended license and on felony probation when she was stopped by Morris that morning in October 2008.
"She was ripe for the picking," said Weiss.
Weiss emphasized the missing traffic tickets — shown in the police dashboard video as last being handed to Morris — and his DNA being found in the woman's underwear.
It was not semen found there, though, but rather skin cells or another source that a DNA expert concluded Morris could not be excluded as a contributor to.
"Missing tickets. Rape. There you have it," Weiss argued before jurors. "And his DNA in her underwear."
According to Morris's story, and he did testify at trial, after he let the woman drive off after the traffic stop that morning, he happened to run into her again, her frantically waving him down as he drove home.
The GPS system in the patrol car he was driving showed he was at her home one hour and 23 minutes.
Too long to just read a letter, argued Weiss before jurors.
Too long for how the victim testified the sex act happened, said defense attorney Sauvola outside court. "She made it sound like two seconds," Sauvola said.
Weiss argued it is unbelievable that Morris would just happen to run into the woman once again, and let her drive off a second time with a suspended license, never calling for any kind of back-up or assistance.
Sauvola, Morris' attorney, emphasized irregularities in the DNA evidence in the case. For one thing, the woman turned in a different pair of underwear to police — a silver G-string, not the black undies, the wide band of which was visible in the video, she wore during the traffic stop.
On the first forensic testing of the silver G-string, no DNA was detected. But six months later in re-testing, some was then found, Sauvola said.
The woman was unable to identify Morris in either a photo lineup or in court — evidence, argued Weiss, that she had no motive to just make up a story of rape to get back at him. "And what was she angry about? Not getting a ticket?" Weiss said.
Under Florida law, it is considered a sexual battery without consent when a law enforcement or corrections officers "in a position of control or authority" or convincing the victim of their control, have sexual relations with someone.
Morris took an early retirement from the Riviera Police Department following his arrest. His alleged victim was recently jailed on unrelated attempted murder charge.
Jurors convicted Maurice Morris following a trial last week featuring dueling stories: A prosecutor alleging he had sex with a female driver following a traffic stop, then disposed of two traffic tickets he had written her.
The defense argued that in an attempt to help her, Morris simply visited the woman's home to check her claim that she had a letter proving she didn't know her license was suspended. And that now she is inventing a story that he raped her.
Charged with sexual battery, punishable by up to 30 years in prison, jurors appeared to compromise with a lesser charge, finding him guilty of attempted sexual battery.
Morris' defense attorney, Nicole Sauvola, who could not immediately be reached following the verdict, has said she firmly believes in her client.
"He is not just not guilty. He is innocent. No good deed goes unpunished."
Assistant State Attorney Daliah Weiss argued at trial that Morris' brazen arrogance led him to have sex with the woman, an unsophisticated, vulnerable lady already in trouble with the law.
The woman was driving with a suspended license and on felony probation when she was stopped by Morris that morning in October 2008.
"She was ripe for the picking," said Weiss.
Weiss emphasized the missing traffic tickets — shown in the police dashboard video as last being handed to Morris — and his DNA being found in the woman's underwear.
It was not semen found there, though, but rather skin cells or another source that a DNA expert concluded Morris could not be excluded as a contributor to.
"Missing tickets. Rape. There you have it," Weiss argued before jurors. "And his DNA in her underwear."
According to Morris's story, and he did testify at trial, after he let the woman drive off after the traffic stop that morning, he happened to run into her again, her frantically waving him down as he drove home.
The GPS system in the patrol car he was driving showed he was at her home one hour and 23 minutes.
Too long to just read a letter, argued Weiss before jurors.
Too long for how the victim testified the sex act happened, said defense attorney Sauvola outside court. "She made it sound like two seconds," Sauvola said.
Weiss argued it is unbelievable that Morris would just happen to run into the woman once again, and let her drive off a second time with a suspended license, never calling for any kind of back-up or assistance.
Sauvola, Morris' attorney, emphasized irregularities in the DNA evidence in the case. For one thing, the woman turned in a different pair of underwear to police — a silver G-string, not the black undies, the wide band of which was visible in the video, she wore during the traffic stop.
On the first forensic testing of the silver G-string, no DNA was detected. But six months later in re-testing, some was then found, Sauvola said.
The woman was unable to identify Morris in either a photo lineup or in court — evidence, argued Weiss, that she had no motive to just make up a story of rape to get back at him. "And what was she angry about? Not getting a ticket?" Weiss said.
Under Florida law, it is considered a sexual battery without consent when a law enforcement or corrections officers "in a position of control or authority" or convincing the victim of their control, have sexual relations with someone.
Morris took an early retirement from the Riviera Police Department following his arrest. His alleged victim was recently jailed on unrelated attempted murder charge.
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