Unbelievably lenient sentence for cop who fingered suspects’ anuses
The end of 2013 brought a
measure of closure to a long-running Milwaukee police scandal, though some say
the officer — and his cohorts — who repeatedly and illegally shoved his fingers
up black male suspects’ anal cavities got off with a light sentence considering
the flagrant nature of his abuses.
The ringleader was identified
as officer Michael Vagnini, a white man who routinely targeted black males as
young as fifteen for sadistic — and blatantly illegal — anal searches.
One victim said that another
officer put a gun to his head while Vagnini administered a choke hold, touched
his scrotum and fingered his anus. Another man was probed so violently that he
bled.
Wisconsin law clearly prohibits
police officers from administering cavity searches. Only medical professionals
may do so, and only when authorized by a warrant.
But lack of a warrant or a
medical degree did not stop Vagnini from sticking his fingers inside a
15-year-old boy’s anus and touching his genitals during a traffic stop in
December of 2011.
The Journal Sentinel documented
at least a dozen similar instances of Vagnini performing invasive, illegal
searches on black men. According to his reports, some of the victims were
indeed carrying drugs, though they contend that the officer lied about the
details and even planted drugs inside their bodies.
One man, Keon Canada, was
searched by Milwaukee police on four separate occasions. They searched his
buttcheeks and opened the front of his pants. No drugs were found during any of
the searches.
Vagnini rarely used gloves when
he probed their anuses, the victims contend. He also stole personal items and
laughed when asked to present a warrant.
Milwaukee Police Chief Ed Flynn
gradually became aware of what Vagnini was doing but had to wait “a couple of
years,” for a proper investigation to take place. Eventually, Vagnini was
charged with 25 counts of assault and sexual assault against at least a dozen
victims.
For his crimes, Vagnini will
serve a little over two years in jail.
As part of a plea deal accepted
earlier this year, he admitted his guilt on four felony and four misdemeanor
charges, earning 26 months in jail. The sexual assault charge was voided by the
deal, allowing Vagnini to avoid having to register as a sex offender.
Vagnini did not act alone,
although most reports conclude that he was the only officer administering anal
cavity searches. At least four other officers–Jacob Knight, Jeffrey Dolhopf,
Brian Kozelak and Jason Mucha–assisted Vagnini by holding down the victims, or
turned a blind eye and failed to report obvious abuse to superior officers.
The last of Vagnini’s henchman
were sentenced earlier this month. Their punishments amounted to little more
than community service and fines in the hundreds of dollars.
Each were forced to quit the
police force — after receiving paid leave for months while the investigation
took place.
It’s an all-too-easy punishment
for Vagnini and his fellow officers, said Jonathan Safran, an attorney for one
of the victims.
“I’m not sure if it’s strong
enough,” said Safran in a statement, referring specifically to the sentencing
of Knight.
Safran and others have alleged
that the abuse actually included more officers than just those five.
Vagnini’s lawyer defended his
client by noting that the officer’s tactics were encouraged by the department
as a way to catch and deter drug offenders in Milwaukee.
The police department did not
immediately respond to a request for comment.
Anal cavity searches — a tactic
in U.S. law enforcement’s War on Drugs — are receiving scrutiny from many in
the media this year. New Mexico police are accused of arresting random drivers,
escorting them to hospitals and forcing them to undergo anal surgery — all in pursuit
of drugs.
L.A. County hired dozens ejected by the Sheriff's Department
Those hired by other L.A.
county agencies included an officer who cut a man's neck with a knife in an
off-duty fight, records show.
By Ben Poston and Robert
Faturechi
Dozens of police officers
rejected for jobs at the Los Angeles County Sheriff's Department after
investigators found evidence of dishonesty or past misconduct were given
positions elsewhere in county government, according to interviews and internal
hiring records reviewed by The Times.
The hirings came in 2010 after
the county's little-known police force, the Office of Public Safety, was
dissolved as a cost-saving measure. The Times reported earlier this month that
the sheriff took on about 280 of the officers from that agency, many of whom
had histories of serious misconduct and integrity-related problems. More than
50 of those who didn't make the cut at the Sheriff's Department secured jobs at
other county agencies, such as social services, children and family services
and community and senior services. County officials said they were not required
to hire the former officers. Still, they said, they wanted to avoid as many
layoffs as possible.
Records show that among those
hired was an officer who cut a man's neck with a knife in an off-duty fight
outside a bar and others who admitted to sleeping or having sex on duty.
More than half of the former
officers hired by other county agencies had been disciplined for significant
misconduct such as making false statements, sexual harassment or
insubordination. Forty showed evidence of dishonesty, according to hiring
records.
BEHIND THE BADGE: Full coverage
of the sheriff's hiring practices
County officials who made the
hiring decisions had access to only some of the problems discovered by
sheriff's background investigators. According to a county spokesman, agency
heads were able to review personnel files, which contained details about on-
and off-duty misdeeds that led to discipline. But because of confidentiality
laws relating to police personnel records, county officials were not privy to
information that applicants disclosed to sheriff's investigators during
interviews and polygraph examinations.
Under those limitations, county
officials had access to personnel records showing that Officer Allen V. Davis
was suspended 20 days around 2003 after he pulled a knife on a man outside of a
bar and cut his neck. He was charged with assault with a deadly weapon, and
later pleaded no contest to disturbing the peace, sheriff's investigators
noted.
The county rehired him to work
as a supervising clerk at the registrar-recorder/county clerk's office. Davis
could not be reached for comment.
County officials also had
access to personnel records showing that Officer Darrell Green was suspended 10
days in 1995 for domestic violence, admitting he punched his wife in the mouth.
He was convicted of misdemeanor spousal assault and was sentenced to three
years of probation. He told sheriff's investigators that the case was
eventually expunged.
The records indicate that Green
also was suspended for sleeping on duty in 1996 and another time for
threatening a fellow officer on duty in 2005. In that second suspension, the
other officer accused Green of standing in front of him with his fist clenched
and saying, "I know you are a snitch. You know what they do to snitches in
prison, don't you?"
Green, who could not be reached
for comment, was hired by the Department of Children and Family Services as an
eligibility worker.
In general, individuals
applying for civilian jobs within the county are not as intensely vetted as
those applying to be peace officers because the positions come with far less
authority.
County spokesman David Sommers
said various criminal convictions don't automatically bar someone from
employment. Past misdeeds can be disregarded if officials determine there are
mitigating circumstances or the misdeeds are not related to the position and
the applicant poses no threat to the county or to the public, he said. He
declined to discuss specific hires.
According to the police
confidentiality rules Sommers laid out, county officials probably weren't told
about the admissions of Officer Andy Northrup.
During his screening interview,
Northrup gave sheriff's background investigators conflicting accounts of when
he solicited prostitutes, something he eventually said he did about 100 times
while employed as a county police officer as recently as 2004.
The county hired Northrup as a
welfare fraud investigator. Reached by The Times, Northrup declined to comment.
Contact the reporters | Follow
Ben Poston (@bposton) and Robert Faturechi (@RobertFaturechi) on Twitter
A look inside the
hiring files
The Los Angeles
County Sheriff’s Department hired dozens of officers even after background
investigators found they had histories of serious misconduct or
poor performance.
The
investigators delved into the backgrounds of about 280 officers hired in 2010
when the Sheriff’s Department took over patrol responsibilities for the
county’s Office of Public Safety.
This graphic
offers a sampling of substantiated misconduct from the files, which the
Sheriff’s Department used to determine whether to hire the applicants. The behavior
and incidents described in the records were compiled by sheriff’s investigators
and forwarded to top officials, who ultimately hired all of those below.
David W. Johnson
49 years old
Hired rank: Deputy SheriffSheriff's background file shows:
- Sheriff's background investigators noted issues with his "professional demeanor." Sheriff's background investigators noted: "The applicant has given an excuse for all discipline he has received. He has not taken any responsibility for his actions whatsoever ... applicant has no idea how he comes across towards others."- He was reprimanded in 2006 for derogatory language toward county police applicants. In front of applicants, he said "I hope that piece of crap is not applying with us," referring to an overweight applicant. Also in front of applicants, he told a recruiting sergeant: "You've got to be ... kidding me. Is that the kind of crap you're recruiting?"
- In 2008, he was suspended for 10 days for failing to take a report when another officer got into an on-duty traffic accident, then submitting an incomplete report with multiple errors.
- He was suspended for three days in 1995 for continuing a pursuit even after a supervisor directed him to stop.
Response
Reached by The Times, Johnson did not address his listed misconduct, saying in a statement that the information was confidential and "protected from disclosure."Angela Contreras
45 years old
Hired rank: Deputy SheriffSee response
Sheriff's background file shows:
- Following an internal affairs investigation, she was found to have committed a variety of misconduct, including unnecessarily drawing her gun on two men and their dogs over an off-leash violation and making disparaging comments about colleagues. The discipline was withdrawn, however, because the investigation wasn't completed in a timely manner. It is unclear when these incidents occurred.Response
Attempts by The Times to reach Contreras by email and phone were unsuccessful.David E. Esparza
39 years old
Hired rank: JailerSee response
Sheriff's background file shows:
- He said he took an estimated $2,200 in equipment from the military: a flak vest, two radio-equipped helmets, a sleeping bag, mattress pad, poncho liner and ammunition. He also said he took $220 in sandwiches without paying for them while working as a security around 1998 at the Queen Mary. He did not initially disclose these thefts to sheriff's background investigators.- He said he smoked marijuana in 2008 while employed by the county police agency. He said he was off duty at the time.
- He was suspended for one day in 2006 after accidentally discharging his shotgun. Esparza said he didn't realize he had loaded the weapon.
- He said he drove under the influence of alcohol and what he believed was over the legal limit 15 to 20 times from 1994 to 2009 but was not arrested.
Response
Reached by The Times, Esparza did not address his listed misconduct, saying in a statement that the information was confidential and "protected from disclosure."David F. McDonald
53 years old
Hired rank: JailerSee response
Sheriff's background file shows:
- He was fired from the Santa Clara County Sheriff's Department around 1985. He was found to use far too much physical force in controlling inmates. In one instance, he responded to an inmate making a comment by handcuffing the prisoner, spinning him around and sweeping the inmate's feet out from under him. "The applicant's actions were unnecessary as he could have simply closed the holding cell door," authorities noted. The investigation determined that other inmates observed his actions, "which could have precipitated a lynching or riotous reaction." A fellow deputy asked not to work with McDonald because he "jacked up inmates too much" by calling them names. Asked by a supervisor how he thought inmates should be supervised, he said "Well, like Clint Eastwood, tell them what to do and they either do it or else." During the background interview, McDonald said that he had a reputation for being rude and insulting inmates. He also said that on occasion he would press inmates against the wall in a control hold.- He said that around 1988 at age 28 he kissed and groped a 14-year-old. He said he thought she was 16 but continued the relationship even after he learned her true age. He said they did not have intercourse.
- He was sentenced to two days in jail in 1986 at age 26 for unlawfully carrying a gun in his car.
- Since being hired by the Sheriff's Department, McDonald said he has been disciplined in connection with using force on an inmate.
Response
In an interview with The Times, McDonald said he was reprimanded once since being hired after he used force on an inmate. He said the problem was that he did not notify a supervisor beforehand. "Whenever you jack up an inmate, you have to get supervisor approval," he said. He said that in general, his listed misconduct is from many years ago and does not represent who he is now. "Just because I got fired from a cop job doesn't mean I should be tarnished forever," he said. "Most people learn from their mistakes." As for the relationship with the 14-year-old, he said they went on dates, hugged and kissed but did not have sex. "I was in love," he said. "I wasn't being a bad guy." McDonald said he was confused by the decision by sheriff's officials to hire him as a custody assistant in the jails. "How can you put me back in the jails when I already had a problem there?" he asked. McDonald later reached out to The Times to say he was not terminated from a job after his weapon accidently discharged. He said he quit, and that the employer said he was terminated in order "to save face with his clients."William J. Martin
58 years old
Hired rank: JailerSee response
Sheriff's background file shows:
- He was suspended for 20 days in 1988 for an "unprovoked physical altercation" against another officer. Martin was not happy with his work assignment. He pushed the officer who had assigned it, causing the officer to hit his elbow and suffer a puncture wound in his neck from a pencil he was holding. Martin then struck him a second time, causing the officer to lose his balance again. Martin did not dispute his involvement when talking to a sheriff's background investigator.- He was suspended for five days in 1995 over an unauthorized pursuit. During the chase, the suspect crashed into another motorist, causing severe injuries to passengers in both cars.
Response
In an interview with The Times, Martin said "nobody's squeaky clean." He said the allegation that he attacked a co-worker was overblown. He said that he pushed the man once, not twice and that the injury was "very slight." He said the witnesses were friends with the other man, so that slanted the end result. "We were just two guys who didn't see eye to eye," he said. "There was a lot of tension at that time ... I was a black guy, he was a white guy." As for the unauthorized pursuit, he said that at the time of the accident he had stopped pursuing the motorist, but he acknowledged he should have reported the pursuit on the radio sooner.Jesus A. Gonzalez
34 years old
Hired rank: Deputy SheriffSee response
Sheriff's background file shows:
- In 2008, he was suspended for six days in connection with a traffic accident in which his car rear-ended another car while on duty, causing damage to both vehicles. He allegedly discouraged the other party from filing a complaint, warning that the person's car would be impounded if a report was made. Gonzalez failed to notify a supervisor of his traffic collision until five hours later. The county police considered firing him, but instead suspended him.- In 2009, he was suspended for two days after driving a patrol all-terrain vehicle into a bicyclist he was trying to pull over. The cyclist was injured.
- He was reprimanded in 2008 for driving into a cement bench.
- He was convicted of drunk driving around 2002.
Response
Reached by The Times, Gonzalez hung up before a reporter could read him a summary of his background file.Edgard Garcia
49 years old
Hired rank: Deputy SheriffSee response
Sheriff's background file shows:
- Soon after getting hired by the county police, he was convicted of misdemeanor counts of assault with a deadly weapon, brandishing a firearm and possession of a concealed and loaded firearm in public. He was sentenced to two years' probation. The convictions stemmed from a fight he got into after leaving an East Los Angeles bar in 1989.Response
In an interview, Garcia said he was convicted of only misdemeanor battery, not the other charges. He confirmed he was a police officer at the time but said "I really don't feel comfortable talking about that." He said he works as a jail deputy, and has not been reprimanded since being hired. Later, his attorney Bradley Gage told The Times that Garcia is "a highly regarded officer."Jason Crosswhite
41 years old
Hired rank: JailerSee response
Sheriff's background file shows:
- He was suspended for 15 days for false statements and other policy violations. He was on patrol, with his headlights off, when he crashed into a metal pole around 2001. He told his sergeant, however, that the damage to his car was caused by a pole falling onto it.- Crosswhite was suspended two other times for car accidents he caused, including a 25-day suspension around 2003 when his foot slipped off the brake pad and he hit the car in front of him, and a 20-day suspension around 2002 when he attempted to avoid hitting a jaywalking pedestrian and instead collided with another car, sending occupants of both cars to the hospital.
Response
Attempts by The Times to reach Crosswhite by email and phone were unsuccessful.Discipline letter for Covington officer details violations in referee arrests
Ashley Rodrigue
COVINGTON, La. -- The
discipline letter issued to Stephen Short stretches four pages.
It starts by laying out the
officer's punishment as a 10-day suspension, without pay, and a demotion to the
rank of sergeant. Short can return to work on Jan. 15 and can't apply to be a
lieutenant again for more than a year.
Chief Tim Lentz said it's also
questionable as to whether Short will be allowed to continue as a detective.
"I'm happy and frustrated
at the same time too,” he said, “I know this has been a topic of discussion
throughout the community. I wish I would have completed this sooner."
The punishment comes as a
result of the October arrests of two referees at a football game. The incident
stemmed from an argument between Short and the referees over crowd control.
The chief describes the incident
in detail, and said in the letter, “An internal investigation was launched and
revealed that at the time of the arrest, you had no idea what the referees were
being charged with. It wasn’t until you returned to the Police Department and a
call was made to an assistance district attorney were charges determined. After
examining the charges, it is believed that the charges are not applicable in
this case.”
The public intimidation charges
were dropped against the referees a week later. The letter says Short failed to
seek alternatives to arrest and to exercise reasonableness. It also says Short
displayed unbecoming conduct and conduct of a discourteous nature.
But the discipline letter
doesn't just address the referee incident. Lentz said in the letter, "While
conducting the investigation, it was revealed that you have had an issue with
your temper and have at one point attended anger management sessions during
your career."
Because of that, the chief
said, he's requiring Short complete a fit-for-duty evaluation before coming
back to work.
After waiting two hours for
Short to come out of this detectives' building to answer our questions, it
seems he snuck out to avoid our cameras.
Lentz hopes this is the end of
the controversy he started his new job dealing with.
"Hopefully, today, we've
taken a step in the right direction to reestablish the public's trust,"
said Lentz.
Earlier this month, an
Eyewitness Investigation detailed Short's almost 20-year work history, which
included several conduct issues throughout his career similar to those listed
in today's discipline letter.
Short has 15 days to appeal the
discipline to the civil service board.
Short's attorney did not return
a phone call for comment on whether there would be an appeal.
Marion police officer suspended following domestic violence arrest
By Patricia Burkett
DILLON COUNTY, SC -
A Marion police officer is on
administrative leave without pay after he was arrested this weekend on a
domestic violence charge.
Dillon County investigators
charged 31-year-old Jason Chadwick "Chad" Bracey with Criminal
Domestic Violence.
Bracey had been an officer with
the Marion Police for nearly four months, according to Marion City
Administrator Alan Ammons.
Ammons said that Bracey was
placed on leave following the Saturday arrest.
Officials released no other
details about the arrest or circumstances surrounding it.
Bracey was previously arrested
in December of 2012 in Marion County and was charged with grand larceny in
connection with a truck that was stolen during a weekend party.
At that time, Bracey had been a
Dillon City police officer for about 10 years.
During that incident, deputies
responded to a call of a large crowd causing a disturbance at the end of two
roads between Marion and Latta, according to an incident report. In that case,
Bracey was accused of stealing a 1998 Chevrolet Z71, damaging mailboxes, fences
and driving through neighboring yards. The Dillon Police department released
Bracey after that arrest.
City of Tulsa to settle lawsuit linked to police corruption scandal for $300,000
By DAVID HARPER World Staff
Writer | 1 comment
The city of Tulsa has agreed to
pay $300,000 to settle its part of a lawsuit filed by a woman who was freed
from federal prison after corruption within the Tulsa Police Department was
uncovered, attorneys confirmed Thursday.
Larita Barnes had filed the
case Aug. 6, 2010, slightly more than a year after she was freed from custody.
She alleged that she was
deprived of her rights and illegally incarcerated after Jeff Henderson, a
former undercover officer in the Tulsa Police Department's Special
Investigations Division, and Brandon McFadden, a former agent of the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives, coached a drug informant
and fabricated a drug buy in May 2007.
She also alleged that the city
failed to act on previous cases in which Henderson was accused of fabricating
evidence or was disciplined as an officer.
"This created an
atmosphere within the Tulsa Police Department of officers being able to
routinely and frequently violate the statutory and constitutional rights of
citizens, without fear of any discipline or firing," the lawsuit states.
Barnes, now 37, was convicted
in April 2008 of two drug charges and was sentenced in October 2008 to 10 years
in prison. She was freed July 2, 2009, as a result of a court order that also
freed her father, Larry Barnes Sr., 63, who had been convicted in the same case
and had been sentenced to 5 1/2 years in custody.
Larita Barnes' attorney, Mark
Lyons, said Thursday evening that the $300,000 settlement was a "legal and
moral victory" for his client.
Lyons said he was "delighted"
with the result. He said the facts of Larita Barnes' case "cried out for
her to be compensated and for her to be made right."
At least 48 people have been
freed from prison or had their cases modified because of civil rights
violations or potential problems with their cases stemming from the police
corruption.
City of Tulsa Litigation
Division Manager Gerald Bender and attorney Guy Fortney who also represented the city in the case both independently confirmed the $300,000
figure.
Bender said the city agreed on
the amount subject to the dismissal of claims against Henderson, who was
convicted in August 2011 of six counts of perjury and two counts of civil
rights violations and was sentenced to 42 months in prison.
Bender said the case was
resolved as a result of a day-long settlement conference conducted in Oklahoma
City last Friday by U.S. Senior District Judge Lee West.
An official document stating
that Larita Barnes had settled her claims against the city of Tulsa and
Henderson was filed Monday, although it did not list the terms.
Lyons said he expects the funds
to be paid to Barnes in late January or early February. He did not divulge his
fees but said Barnes will get most of the money.
He noted that the lawsuit
remains alive against McFadden, who was sentenced in December 2011 to a
21-month prison term on a drug-conspiracy conviction.
Larita Barnes also has a
separate lawsuit pending against the U.S. government concerning McFadden's
actions while he was an ATF agent.
At least 17 lawsuits related to
the Tulsa police corruption scandal have been filed in federal or state court,
including still-pending litigation brought by Larry Barnes Sr.
The city has received mostly
favorable pretrial rulings, although it agreed to settle a case with Demario T.
Harris for $50,000.
Harris, 33, had been convicted
in 2005 of drug and gun crimes. He was sentenced to life in prison but was
freed in October 2010 after the prosecution conceded that his "conviction
was obtained in violation of the defendant's due process rights."
Bender has previously said the
choice to settle the Harris case was a "business decision" that was
made by evaluating the lawsuit and what it would cost to defend it.
Beyond confirming the amount,
Bender did not comment about the decision to settle with Larita Barnes on
Thursday evening, citing court rules that govern settlement conferences - which are not public proceedings.
City of Tulsa to settle lawsuit
linked to police corruption scandal for $300,000
By DAVID HARPER World Staff
Writer | 1 comment
The city of Tulsa has agreed to
pay $300,000 to settle its part of a lawsuit filed by a woman who was freed
from federal prison after corruption within the Tulsa Police Department was
uncovered, attorneys confirmed Thursday.
Larita Barnes had filed the
case Aug. 6, 2010, slightly more than a year after she was freed from custody.
She alleged that she was
deprived of her rights and illegally incarcerated after Jeff Henderson, a
former undercover officer in the Tulsa Police Department's Special
Investigations Division, and Brandon McFadden, a former agent of the U.S.
Bureau of Alcohol, Tobacco, Firearms and Explosives, coached a drug informant
and fabricated a drug buy in May 2007.
She also alleged that the city
failed to act on previous cases in which Henderson was accused of fabricating
evidence or was disciplined as an officer.
"This created an
atmosphere within the Tulsa Police Department of officers being able to
routinely and frequently violate the statutory and constitutional rights of
citizens, without fear of any discipline or firing," the lawsuit states.
Barnes, now 37, was convicted
in April 2008 of two drug charges and was sentenced in October 2008 to 10 years
in prison. She was freed July 2, 2009, as a result of a court order that also
freed her father, Larry Barnes Sr., 63, who had been convicted in the same case
and had been sentenced to 5 1/2 years in custody.
Larita Barnes' attorney, Mark
Lyons, said Thursday evening that the $300,000 settlement was a "legal and
moral victory" for his client.
Lyons said he was "delighted"
with the result. He said the facts of Larita Barnes' case "cried out for
her to be compensated and for her to be made right."
At least 48 people have been
freed from prison or had their cases modified because of civil rights
violations or potential problems with their cases stemming from the police
corruption.
City of Tulsa Litigation
Division Manager Gerald Bender and attorney Guy Fortney who also represented the city in the case both independently confirmed the $300,000
figure.
Bender said the city agreed on
the amount subject to the dismissal of claims against Henderson, who was
convicted in August 2011 of six counts of perjury and two counts of civil
rights violations and was sentenced to 42 months in prison.
Bender said the case was
resolved as a result of a day-long settlement conference conducted in Oklahoma
City last Friday by U.S. Senior District Judge Lee West.
An official document stating
that Larita Barnes had settled her claims against the city of Tulsa and
Henderson was filed Monday, although it did not list the terms.
Lyons said he expects the funds
to be paid to Barnes in late January or early February. He did not divulge his
fees but said Barnes will get most of the money.
He noted that the lawsuit
remains alive against McFadden, who was sentenced in December 2011 to a
21-month prison term on a drug-conspiracy conviction.
Larita Barnes also has a
separate lawsuit pending against the U.S. government concerning McFadden's
actions while he was an ATF agent.
At least 17 lawsuits related to
the Tulsa police corruption scandal have been filed in federal or state court,
including still-pending litigation brought by Larry Barnes Sr.
The city has received mostly
favorable pretrial rulings, although it agreed to settle a case with Demario T.
Harris for $50,000.
Harris, 33, had been convicted
in 2005 of drug and gun crimes. He was sentenced to life in prison but was
freed in October 2010 after the prosecution conceded that his "conviction
was obtained in violation of the defendant's due process rights."
Bender has previously said the
choice to settle the Harris case was a "business decision" that was
made by evaluating the lawsuit and what it would cost to defend it.
Beyond confirming the amount,
Bender did not comment about the decision to settle with Larita Barnes on
Thursday evening, citing court rules that govern settlement conferences - which are not public proceedings.
Year End: Officer charged with stealing from police fund
By MICHAEL P. RELLAHAN, mrellahan@dailylocal.com
Posted: 12/29/13, 6:24 PM EST |
The Chester County law enforcement community was shaken over the
summer as news surfaced that a former Coatesville police detective, one of the
most respected and admired in the profession, would be charged with siphoning
funds from a charity account.
Even more, it became clear that the charity involved was the
Coatesville Police Benevolent Association. In effect, Gerald Pawling was
stealing money from his fellow officers.
In August, Pawling, who had worked some of the most high profile
cases in the city’s recent history, was charged with theft and forgery, accused
of stealing $46,000 from the association when he was its treasurer.
“This is a simple case about a good cop gone bad,” Chester County
District Attorney Tom Hogan proclaimed after his arrest. “Detective Gerald
Pawling was a police officer for the Coatesville Police Department. He was
respected, he was admired, he was trusted. Unfortunately he used those
qualities as a smokescreen to steal from his fellow police officers.”
According to court documents, the investigation began after one of
Pawling’s former colleagues, Coatesville Detective Kevin Campbell, assumed
control of the police union’s finances earlier this year. As Campbell reviewed
the union’s financial records, he discovered a series of discrepancies that
suggested an unfortunate scenario: thefts from the inside.
After Campbell’s discovery, the investigation was brought to the
District Attorney’s Office and the Chester County Detectives. A subsequent
investigation determined that Pawling, a 17-year-veteran, repeatedly used his
position as treasurer of the CPBA to write fraudulent checks made payable to
himself and his wife, Stacey Pawling.
Pawling’s attorney, Daniel Bush of West Chester, said his client
would face the accusations.
“At some point the process is going to play itself out and someone
else will judge whether he did or did not do something wrong,” the veteran
criminal defense attorney said. He emphasized, however, that Pawling’s record
of almost two decades of service to the Coatesville community and its citizens
still stands. “Nothing in these allegations minimizes that past.”
As of December, Pawling’s case was still awaiting trial in Common
Pleas Court.
Officer charged with sexual exploitation of minor
MEMPHIS, Tenn. (AP) — Memphis police say an officer has been charged with sexual exploitation of a minor.
The Memphis Police Department said Friday that 26-year-old officer Matthew Ashmore has been relieved of duty with pay pending the outcome of an administrative investigation.
The department says officers received a complaint from someone who had found a cellphone at a business Thursday. While looking through the phone, the person who found it saw images of unknown adult men having sex with girls believed to be between the ages of 2 and 6.
Investigating officers said they discovered the phone belonged to Ashmore.
Online court records show Ashmore is out of jail on $15,000 bond. The records do not show if he has a lawyer.
Hornell police officer charged with theft
A Hornell City Police officer has been arrested in connection the June
theft of $15,000 from the department’s evidence room.
Jennifer A. Speed, 39, of Hornell was charged by the Steuben County
District Attorney with third-degree grand larceny, first-degree tampering with
public records, two counts of first-degree falsifying business records and two
counts of tampering with physical evidence.
According to the district attorney, the cash went missing in June. The
money had been taken into evidence in conjunction with the March 2012 arrest of
Steven Brockway, who was charged with attempted murder.
The money had been forfeited and was to be used to pay the medical expenses
of Brockway’s victim. State Police were called in to investigate the missing
cash and in December, a Steuben County Grand Jury issued a sealed indictment
and arrest warrant.
Speed, currently on leave, was the senior evidence custodian at the time of
the offenses. She was sent to Steuben County Jail without bail and is to be
arraigned in Steuben County Court.
DC Police Officer Samson Lawrence charged with attempted murder
Joanie Vasiliadis
UPPER MARLBORO, Md. (WUSA9) -- A D.C. police officer has been indicted for
attempted murder after officials say he tried to kill his wife.
Officer Samson Lawrence, 45, has been indicted for attempted first and
second degree murder, and related charges for attacking his wife with a metal
lamp post, officials said in a news release.
He was assigned to the 5th District as a School Resource Officer.
On November 24, 2013, Lawrence was trying to hang a projection TV in his
house when he became angry with his wife because she told him she didn't know
where the screws to hang the projector were, according to officials.
Police say Lawrence grabbed a can of Lysol and sprayed it in his wife's
face every time she spoke. When Lawrence's wife refused to make him something
to eat, he allegedly pushed her.
Lawrence's wife tried to call 911, but Lawrence grabbed the phone from her.
She then tried to leave the house, but officials say Lawrence followed her and
pushed her to the floor in their living room.
Police say Lawrence picked up a metal light post and hit her in the head
while she lay on the floor.
When his wife tried to escape, police say Lawrence cornered her and held
two knives by her face and throat and threatened to cut her. His wife was
finally able to escape and called 911 from a neighbor's house.
Lawrence was not home by the time the police arrived, but he was arrested
the next day.
In addition to attempted first and second degree murder, Lawrence has also
been charged with first and second degree assault and wearing and carrying a
dangerous weapon with the intent to injure.
Assistant Police Chief Peter Newsham told the Associated Press that
Lawrence joined the department in 1990.
2 Harrison officers in 'Facebook Four' scandal promoted to sergeant
Written by JORGE FITZ-GIBBON
HARRISON — Two town police officers who were suspended and disciplined for
exchanging lewd, sexual comments about Harrison’s then-supervisor on Facebook
now have been promoted and given hefty raises.
Michael DiLauria and Frank Massaro, part of the “Facebook Four” who also
exchanged racist comments in 2009 about President Barack Obama, have been made
sergeants earning $113,810, a raise of $15,699, effective Friday.
The move didn’t sit well with former Supervisor Joan Walsh, who had pushed
to have DiLauria, Massaro, Detective Richard Light and town code enforcement
officer Ed DiBuono fired following the scandal.
“Given my experiences with them, I am concerned how they treat other
townspeople,” said Walsh, 78. “They felt free to make these totally unsolicited
comments when they had absolutely no interaction with me. Was it to curry favor
with somebody, or is this the kind of thought process that they have all the
time.”
DiLauria, Massaro, Light and DiBuono were suspended with pay Feb. 27, 2009,
and later ordered to do community service and docked pay for the online
exchanges.
In Facebook postings between November 2008 and February 2009, they
ridiculed Walsh and joked about raunchy sex with her.
In one posting, Massaro wrote, “Ed, how about JW and you go out and get
drunk, then on the way home you both can play the game and get nakid (sic)
while you drive. Everything but the cast comes off. Salute!”
Light, who was demoted after the scandal, also commented on Obama’s
election, saying “the rose garden will be turned into the watermelon garden”
and there will be “KFC set up right in front of the white house.”
Police Chief Anthony Marraccini defended DiLauria’s and Massaro’s
promotions Friday, saying “these were very good officers prior to this event”
and that “they were and are stellar officers after the event.”
“I didn’t agree with any of their actions, but they suffered severe
penalties,” he said. “Both of these officers, upon returning to duty, performed
and served this community to the highest of standards. They have both been a
credit and an asset, not only to the town but to the community.”
“It would be unjust to have this item from the past penalize them for their
entire career,” he said.
Harrison Supervisor Ron Belmont did not return calls seeking comment.
The promotions come four days after a Pleasantville police officer was
suspended while that department investigates allegations that he posted a
profane, racist rant against Obama on his Facebook page. Pleasantville Police
Chief Richard Love said the probe of the officer, Peter Burns, “could lead to
his dismissal.”
Denver police officer resigns after cocaine allegations
By Sadie Gurman
A Denver police officer under investigation for allegations that he used
cocaine has resigned from the force.
Brian Niven, a member of a Special Crime Attack Team based out of the
District 1 station on the northwest side, was suspended in September while internal
affairs investigated the allegations. Denver police officials have not provided
details about the case, but sources said it involved allegations that Niven
used illegal narcotics and was required to take a drug test before he was
suspended.
Niven's duties on the SCAT team, an elite group of officers handpicked by
their commander to proactively fight crime, often included investigating
narcotics activity.
He had been on the department for seven years. He resigned while awaiting
further discipline in the case.
Case Of Yahnick Martin, Arrested For Being A 'Smart Ass,' Leads To Discipline Hearing For Cop Roman Goris
By Jonathan Vankin, Fri, December 20, 2013
Yahnick Martin, the Brooklyn man tossed in jail by New York cops for being
a “smart ass,” is getting some measure of satisfaction this week as Roman
Goris, one of the officers who arrested him, becomes the first New York cop to
face an independent disciplinary hearing for taking the city’s controversial
“stop and frisk” policy a step too far.
The city’s Civilian Complaint Review Board, under new powers it assumed
earlier this year, may now take up stop-and-frisk cases on its own,
investigating whether officers abused the policy. Under stop-and-frisk, police
may stop and search anyone they suspect of carrying an illegal object or
substance.
The original intent of the law was to help police curb gun violence by
seizing illegal guns before they could be used. But of the staggering 533,000
people stopped by police under the policy in 2012, only 729 were found to be
carrying guns.
In all, about 29,000 were stopped for possessing marijuana, which is
actually decriminalized in New York. About 5,000 people were arrested for
marijuana possession.
Martin (pictured) filed a $2 million lawsuit against the city for his
wrongful arrest. The suit gives details of the incident for which Goris now
faces disciplinary charges.
A 35-year-old real estate broker and married father, Martin was waiting by
his car, parked in Brooklyn’s Bedford-Stuyvesant neighborhood, while his wife
delivered Christmas presents on Dec. 23, 2011. He was puffing on a cigar.
Goris and two other cops, saying that they smelled marijuana, asked Martin
if he had any. Martin said he did not and blew out cigar smoke to make his
point.
Goris searched him anyway, emptying his pockets and finding nothing. Then
Martin, perhaps unwisely but certainly not in violation of any known statutes,
thought it would be amusing to make a joke.
"Where's the $100 that was in my pocket?" he quipped.
“You want to be a smart ass and make accusations, you’re going to jail,”
one of the humorless officers replied.
The officers cuffed the real estate broker and took him to the 77th
Precinct Station where he was slapped with disorderly conduct charges — which
were quickly dropped.
Before they hauled him off, Martin asked to shut off and lock his
automobile, which was filled with Christmas presents and still running. The
cops refused to allow him to secure the vehicle.
The car was stolen by the time his wife came out of the building, according
to Martin’s lawsuit.
Martin is African-American. Almost 90 percent of people stopped under the
stop-and-frisk policy in 2012 were black or Latino.
Until the recent reforms, the civilian board was able only to make
recommendations to the NYPD which then conducted internal disciplinary
hearings.
"When it comes to prosecuting police officers accused of mistreating
civilians, it is essential that those cases be handled by someone independent
of the police department," said Christopher Dunn of the New York Civil
Liberties Union, which has frequently challenged the city’s stop-and-frisk
policy.
Former Philadelphia police officer charged with fondling girl, 14, gets prison time
PHILADELPHIA — A former Philadelphia police officer who sexually assaulted a 14-year-old girl at a suburban motel has been sentenced to six to 20 years in state prison.
The Bucks County Courier Times (http://bit.ly/1dseei1) said 37-year-old Anthony Dattilo wept during his sentencing Friday and apologized for embarrassing his family.
Dattilo will also be a registered sex offender for the rest of his life.
The 12-year police force veteran was arrested in May 2012 after the victim sent text messages to family members saying she was being held against her will at a hotel in Bensalem.
Dattilo pleaded guilty in June to aggravated indecent assault, unlawful contact with a minor and related charges
Orange County's chief probation officer charged in pot-growing operation
By Tammy Grubb
CHAPEL HILL — A top Orange County probation officer has been charged with
operating a marijuana-growing operation in her Efland home.
Carlisha Lakwan Davis, 38, of 3306 Loganberry Court, Efland, was charged
Dec. 9 with felony maintaining a dwelling for the sale, manufacture or delivery
of a controlled substance, felony marijuana manufacturing and misdemeanor
possession of marijuana, according to court records.
The charges stem from a June break-in, Orange County sheriff’s investigator
Randy Hawkins said. Davis’ arrest was delayed because investigators “were
making sure we had what we needed” to file the charges, he said.
Davis was released from the Orange County Jail after posting a $10,000
unsecured bond. She returns to court Jan. 24. Orange-Chatham District Attorney
Jim Woodall said the N.C. Department of Justice is handling the case.
Davis is southern Orange County’s chief probation and parole officer,
earning $45,914 a year. N.C. Department of Public Safety spokeswoman Pamela
Walker said Davis has been on administrative reassignment since June with a
Guilford County probation office.
According to a search warrant, deputies with the Orange County Sheriff’s
Office responded to a break-in call around 9 p.m. June 18 at the home. Deputies
reported finding “an obvious break-in” and checked inside for any potential
suspects, the warrant states.
In the master bedroom closet, they found what appeared to be the remains of
a marijuana-growing operation, Hawkins said in the warrant. Among the items
seized were plant-growing lights, fertilizers, marijuana, marijuana seeds and
growing media, the warrant states.
Deputies told him the break-in suspect or suspects may have stolen
marijuana plants growing in the house, but it was hard to tell because of the
condition in which they found the closet, Hawkins said.
“It appeared that the suspects got all that they could carry and had to
leave some items behind,” he said.
Deputies found more lights and equipment in the garage, the warrant states.
Court records show Davis was charged with having between 0.5 and 1.5 oz. of
marijuana in the home.
Hawkins said deputies did not know at the time of the break-in that the
home belonged to Jones and her husband, Feltus Juan Jones, 40, who also could
face charges.
Orange County’s 12 probation and parole officers supervise the daily
activities of 667 offenders – roughly 56 per officer – and ensure they comply
with court orders.
Davis joined the Department of Public Safety in 1998. She worked in the
Carrboro office on Laurel Avenue for many years, including as an educational
officer and the unit’s domestic violence officer, and was promoted to chief
probation and parole officer in 2008. Davis supervised six probation officers
and one office assistant, Walker said.
State budget cuts forced the county to close the Carrboro office in recent
years, consolidating the officers in Hillsborough.
If Davis is found guilty, Walker said the Public Safety agency “will take
whatever action is appropriate at that time.”
Off-duty Alpine police officer charged with DWI in Linden crash
BY ABBOTT KOLOFF
An off-duty Alpine police officer was charged with driving while
intoxicated after being involved in a motor vehicle accident that injured a
19-year-old man in Linden, authorities said Friday. The officer, Wendell
Simpson, was issued a summons by the Linden police, said a spokesman for the
Union County prosecutor’s office, Mark Spivey. The man who was injured in the
accident, which occurred at 2:30 a.m. Thursday, was taken to University
Hospital in Newark where he was in stable condition Friday night, Spivey said.
Spivey said that he did not have details about the accident and that the Linden
police department was the lead investigative agency in the matter. Linden
police were unavailable to provide information about the accident Friday
evening. The chief of the Alpine police, Chris Belcolle, acknowledged that
Simpson was one of his officers and said that Simpson was off duty in his
personal vehicle at the time of the accident. Belcolle declined to say whether
Simpson will be suspended during the investigation of the accident. Email:
koloff@northjersey.com
Prosecutors: CPD officer broke senior citizen's hip in gas station dispute
By Jeremy Gorner and Patrick SvitekTribune reporters
8:20 p.m. CST, December 21, 2013
A Chicago police officer has been relieved of his police powers after being
accused of breaking a senior citizen's hip when the officer shoved the man
during an argument earlier this month.
David Barrett, a 20-year veteran of the Chicago Police Department, was
ordered held in lieu of $10,000 bond on Saturday on a charged of aggravated
battery.
The incident happened while Barrett was off-duty Dec. 12 at a Shell gas
station, 10601 S. Cicero Ave. in south suburban Oak Lawn, according to court
records and prosecutors.
Frustrated with a gas pump, Barrett went into the station and began
screaming at the attendant, according to prosecutors. The 89-year-old man, who
was standing in line with Barrett, told him to calm down, at which point
Barrett pushed the senior citizen to the ground, prosecutors said.
The 89-year-old man broke his right hip and had to undergo surgery,
according to court records. He also tore his right rotator cuff, a group of
tendons and muscles in the shoulder.
Stuart Goldberg, Barrett's attorney, disputed that account in a bond
hearing, arguing the 89-year-old man attacked Barrett first. Goldberg has asked
that recorded tape of the incident be preserved.
Barrett, 58, who is assigned to the
Chicago Public Safety Headquarters, turned himself in to Oak Lawn police
Thursday, authorities said.
Barrett has been relieved of his police powers, and his further status with
the department is pending conditions of his bond, police spokesman Adam Collins
said in an email.
Barrett's family declined to comment Saturday.
He is due back in court Tuesday.
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