Fairfax County Police Watch: Cop sued

PITTSBURGH (AP) - The American Civil Liberties Union has sued a white Pittsburgh police officer on behalf of a black teacher who claims he was wrongly arrested for commenting on the officer's driving.
The teacher, 38-year-old Dennis Henderson, had just left a community group meeting June 26 that addressed community-police relations when Officer Jonathan Gromek, who was driving by, heard Henderson criticize his driving and stopped. Henderson was jailed for about 12 hours following his arrest. The Allegheny County district attorney later had police drop charges including disorderly conduct and resisting arrest.
"Dennis Henderson, an award-winning Pittsburgh teacher, was arrested and jailed overnight simply for answering truthfully when a police officer asked him whether he had a problem with the way the officer was driving," according to the 12-page federal lawsuit filed Tuesday.
Gromek was pulled off patrol duty in July and assigned to the warrants office, a common outpost for officers awaiting possible disciplinary action, while the city's Office of Municipal Investigations reviewed the encounter.

City police spokeswoman Diane Richard said the office found the allegations to be true and that Gromek is awaiting police department action. The lawsuit says Gromek received a letter Oct. 1 advising that the city had determined he violated three broad police policies: conduct toward the public, conduct unbecoming and incompetence.
Gromek does not have an attorney listed in court records and a home telephone number listed in his name was disconnected Tuesday. An attorney with the city law department did not immediately return a message seeking comment. Only Gromek is being sued, but the city may eventually have to defend Gromek because he was acting within the scope of his official duties.
The stop happened shortly after Henderson left a meeting of the Community Empowerment Association, which seeks to address problems in poorer black neighborhoods. Among other topics, the group had discussed the lack of trust between some members of the black community and the police, particularly in high-crime areas like Homewood, the neighborhood where the meeting was held.
Henderson was speaking to a photographer for the New Pittsburgh Courier, a newspaper that covers the city's black community. Both were standing in the street next to Henderson's car while he retrieved a business card and spoke about a teaching award he recently received.
According to the lawsuit, Gromek's patrol car drove by close enough that both people pressed against Henderson's car for safety, at which point the teacher said, "Wow!" - referring to the speed with which the officer was driving down a narrow street.
Gromek then turned around, stopped and confronted both of them and asked Henderson, "Do you have a problem?"
Henderson asked for the officer's name and badge number so he could file a complaint about Gromek's driving.
Henderson then began recording the encounter on his cellphone, which he handed to the photographer once the officer told Henderson to put his hands behind his back. The officer eventually handcuffed the photographer and allegedly refused to explain why either Henderson or the photographer were taken into custody, the lawsuit said. The photographer was never criminally charged and released minutes later.
The lawsuit seeks unspecified damages for claims including false arrest, malicious prosecution, excessive force and retaliation against someone for his speech.

Morrogh finds cop he doesn’t love. In other news, hell freezes.

Probe of fatal police shooting goes to federal authorities

By Justin Jouvenal/Post

The Fairfax County prosecutor has turned over the investigation of a fatal police shooting of an unarmed Springfield man to federal authorities, citing complications with the five-month-old case.

Commonwealth’s Attorney Ray Morrogh said the U.S. attorney’s office for the Eastern District of Virginia has agreed to continue the probe into the death of 46-year-old John Geer, who was shot during a standoff with Fairfax County police in August. No one has been charged in the incident.

“There is a conflict of interest that has arisen in the case,” Morrogh said Thursday. “And there is a second potential conflict of interest that has arisen out of my office. . . . This is the prudent thing to do.”

Morrogh declined to describe the nature of the conflicts because the investigation is ongoing. The U.S. attorney’s office said Thursday that it could not confirm or deny any investigation or comment on pending investigations.

Police went to Geer’s Pebble Brook Court home on Aug. 29 because of a report of a domestic disturbance. Geer’s father, Don Geer, said his son was upset because his girlfriend, the mother of his two children, had decided to leave him.

John Geer had thrown his girlfriend’s belongings in the front yard. She called police and told them that Geer had a firearm. Police said they tried for about 50 minutes to persuade Geer to leave the home, but he refused.

Don Geer said he watched the climax of the encounter. He said that he could not hear what officers were saying to his son but that he saw him standing with empty hands resting on top of a screen door at the home’s entrance.

At some point, John Geer began to slowly lower his hands and an officer opened fire, hitting Geer in the chest, his father said. Geer retreated inside and closed the door. A SWAT team eventually entered the home and found Geer dead.

Don Geer said detectives later told him that his son did not have a gun on him at the time of the shooting but that there was a holstered handgun a couple of steps from the front door.

Don Geer said it appeared to him that the shooting was unjustified, but he was unsure what to make of the probe being turned over to federal authorities.

“I don’t know whether that’s good or bad — if I had a better idea of why they are doing it, I could form an opinion,” he said.

Geer and friends of his son have been critical of how long the investigation has taken, but Morrogh said police and prosecutors were working to explore all the evidence. He did not think federal prosecutors would have to start from scratch.

“No one wants these things to linger on,” Morrogh said.

Our ink will outlast his career

Under the reign of former Chief of Police Rhorer the Fairfax County Police arrested a man for not wearing clothes in his house while he made coffee, set up an eye doctor on a gambling charge and then used the SWAT team to kill him. An investigation into the charge that the Doctor’s primary clients were cops has never been investigated. The police gunned down an emotionally unstable man because cop who shot him wrongly assumed the man was trying to escape. He wasn’t. The cops also shot dead four other citizens under highly questionable circumstances. The department under Rhorer was sued multiple times by citizens. So did they fire Rhorer? Naw they promoted him. According to news reports Rhorer draws a salary of $191,168 per year as Deputy Fairfax County Executive as well as a concurrent pension from the Fairfax County police of $173000 per year.

Occupation by force

According to the most recent U.S. Census figures, nearly one in five Fairfax residents (17.5 percent) is of Asian descent while Hispanics make up nearly 16 percent of Fairfax’s overall population. Those numbers drop considerably when applied to the Fairfax County Police Department, where only 4.3 percent of officers are Asian and 4.1 percent Hispanic. White officers make up 84 percent of Fairfax County’s 1,360-member police department, significantly higher than the county’s general population (54 percent white). Almost 90% of the force lives outside the county.