Thank you FCPD, for trying to hirfe this clown back.......
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*Virginia court blocks reinstatement of former Fairfax County officer*
A Virginia Court of Appeals has blocked former Fairfax County police
officer We...
The epidemic of mentally unstable cops in America: NYPD Officer Commits Suicide Outside of Precinct H...
The epidemic of mentally unstable cops in America: NYPD Officer Commits Suicide Outside of Precinct H...: Law enforcement officials say that an NYPD sergeant fatally shot himself outside of the 66th Precinct in Brooklyn last night. The New Yor...
Berthoud police officer at center of domestic violence scandal fired
In a four page affidavit, the Larimer County District Attorney says the man in the video is Officer Jeremy Yachik and they’ve charged him with four counts of child abuse and one count of false imprisonment.
Berthoud town manager Mike Hart confirmed that Yachik, 35, was indeed terminated by the Berthoud Police Department one week ago Friday, two days after being arrested at his home in Loveland.
The accuser’s video tape was first seen on KWGN earlier in October.
On September 24, Loveland Police received an email outlining child abuse allegations that Yachik had physically abused a juvenile over the last several months.
Loveland Police conducted an investigation and were granted an arrest warrant for Yachik on Tuesday. He was arrested Wednesday and taken to the Loveland Police Department where he posted bond and was later released.
A woman who says the officer is her ex-boyfriend sent the video to law enforcement officials and claims they did nothing. As a result, the police chief in Berthoud was also on leave.
In addition to the alleged criminal acts seen in the video, the affidavit for Yachik’s arrest describes alleged past crimes.
It states, “[the victim] reports having her hands bound to her back with plastic zip ties and being secluded in the laundry room of the home.” It also refers to the victim being “forced to eat ghost pepper sauce,” and “slammed [the victim’s head into the wall].”
The affidavit says police interviewed Jeremy Yachik and they wrote, “Jeremy admits he’s the one depicted in the video and admitted to the acts disclosed by the victim.”
It also details more trouble for the Berthoud police department. The question is whether the chief ignored the video when he received it in April.
The affidavit states, “In Chief Johnson’s office, evidence was collected that corroborated [the victim's] account of attempting to report this incident to [the Chief].”
Court documents in a separate case detailed more information about the accuser and the officer who is suspended. The paperwork is about a domestic violence incident that happened in March.
People in Berthoud who defend the officer say it’s that incident that led to the release of the video tape.
The court documents say Loveland police were called to the couple’s home when the Berthoud officer called to complain that his now ex-girlfriend assaulted him and was upstairs threatening suicide.
One month after the woman was charged with domestic violence, she says she sent the video that allegedly shows the officer hitting and kicking his child to the Berthoud police chief. She now accuses him of a cover up.
When police arrived at the home that day in March, investigating officers noted the man had “…Dried blood and scratches on the right side of his face.”
They also said the couple’s child had “evidence of a yellowish mark… that could have been from an old bruise.”
FOX31 Denver verified the child referred to in the court documents was not the alleged victim in the video sent to Berthoud police.
One resident we spoke to was surprised about the allegations against the officer.
Other court documents FOX31 Denver uncovered show information about an alleged fight the suspended officer had with another Berthoud officer in 2011.
The report says, “[The officer] displays threatening and violent behavior towards officers.”
Once incident is described where “[the officer] came within five inches of another officer’s face. His fists were clenched.” The writer goes on, “In all my years in law enforcement, I have never seen this type of aggressive action from one officer to another.”
The accuser in the current case faces three separate counts of domestic violence for the incident in March. They include assault and obstruction of telephone service.
She is scheduled to go on trial in December.
New Details In Previous Suspension Of Lexington Officer
We're learning more about the Lexington Police Officer accused of grabbing a 13-year-old soccer referee in Scott County after a match.
ABC 36 News now has paperwork saying Officer Keith Spears was suspended for incompetence in 2005.
A formal complaint says Spears went into a health club confronted the owner, while off duty, with his gun visible.
It says he went to a strip club while on-duty, without filling out an alcohol report.
The complaint also says he was told to go to an accident, but didn't for 45 minutes.
Spears now faces a criminal complaint from a Scott County family.
It says he grabbed and shoved their 13-year-old son during a soccer game earlier this month.
ABC 36 News now has paperwork saying Officer Keith Spears was suspended for incompetence in 2005.
A formal complaint says Spears went into a health club confronted the owner, while off duty, with his gun visible.
It says he went to a strip club while on-duty, without filling out an alcohol report.
The complaint also says he was told to go to an accident, but didn't for 45 minutes.
Spears now faces a criminal complaint from a Scott County family.
It says he grabbed and shoved their 13-year-old son during a soccer game earlier this month.
Police rarely charged in killings over fake guns
Kurtis Alexander
On a December night in 2010, two police officers were on the lookout for gang activity in the Los Angeles neighborhood of Glassell Park. When they came across three youths with guns, they were ready for trouble.
But when Officer Victor Abarca confronted and shot one of the suspects as he hid behind a van, the officer was surprised at what lay before him: a 13-year-old boy who had been carrying a plastic pellet gun while playing cops and robbers.
Rohayent "Ryan" Gomez was left paralyzed from the chest down.
The tragedy was not without consequence. A jury ordered Los Angeles to pay the teen $24 million, the biggest payout over police conduct in city history. A state legislator sought, unsuccessfully, to ban the sale of all real-looking toy guns.
But the officer was never charged with wrongdoing.
A similar call for punishment is rising now in street protests in Sonoma County, where on Oct. 22 a sheriff's deputy shot and killed 13-year-old Andy Lopez Cruz after mistaking his replica AK-47 pellet gun for a real rifle as the boy walked near his home just outside Santa Rosa.
But the deputy, Erick Gelhaus, has history on his side. Prosecutions of law-enforcement officers after line-of-duty shootings are rare, and convictions are even rarer.
This seems particularly true for cases in which officers mistook a toy gun for a real one.
A Chronicle review of 10 such cases around the country in the past 25 years found that they frequently prompted civil payouts and spurred new laws, but none resulted in criminal charges.
Prosecutors, in each case, concluded that while the officers had not faced a real threat, they thought they had.
'Existing mistrust'
For police misconduct watchdogs, this lack of punishment erodes accountability and public trust.
"The shooting adds to an existing distrust," said Michael Risher, a staff attorney for the Northern California chapter of the American Civil Liberties Union. He said a thorough investigation of the shooting was vital for police-community relations.
For law-enforcement leaders, though, the fact that officers are rarely prosecuted reflects the inherently perilous job that they are asked to perform.
"Obviously, there's frustration from the community and there's anger, but these are tragic mistakes," said David Carter, a criminal justice professor at Michigan State University and a former officer in Kansas City, Mo., who wrote a congressional report on the problem of toy guns.
"A prosecution occurs if there's criminality," he said, "and there's no criminality in these cases."
The law, legal experts note, focuses not on the legitimacy of the threat but on the officer's state of mind.
This should not preclude charges in the Sonoma County killing, said John Burris, an Oakland civil rights attorney who often represents families of people killed by police. He said a case can be made that Gelhaus wildly miscalculated the threat the boy posed.
Gelhaus has told investigators that he shouted at Andy to drop the rifle after he and a colleague pulled behind the boy in a marked car. When Andy turned and the rifle barrel rose up, the deputy said, he feared for his life and fired.
Prosecution's obstacles
Burris expects investigators to examine whether Andy was adequately warned, and whether the deputy was really threatened if he was positioned behind the door of his patrol car.
"The D.A. would have to be persuaded that this, in some way, was a vast overreaction to the facts," Burris said.
Burris represented the family of Oscar Grant, the man killed in Oakland by former BART police Officer Johannes Mehserle in 2009. Mehserle was charged with murder and convicted of involuntary manslaughter. That case turned on video footage - which Sonoma County authorities say doesn't exist in their case.
Burris said Andy's family is more likely to gain traction in civil court, where there is a lower standard for judgment. "It's not a case that will generate sympathy for the police," he said.
Gelhaus' attorney, Terry Leoni, said her client did what he's trained to do.
"No law enforcement officer ever wants to do this," she said. "They never go out wanting to make this decision. But they face deadly threats on a regular basis, and they have to make split-second decisions."
Her colleague Michael Rains, who represented Mehserle, said the law "discourages Monday-morning quarterbacking. As long as the deputy's actions seem reasonable, based on what is perceived at the time, there's no crime."
The Sonoma County district attorney's office must ultimately decide on whether to charge Gelhaus. Federal prosecutors, too, could allege civil rights violations.
Andy's family has hired an attorney who has been through this before. Arnoldo Casillas represented Rohayent, the boy paralyzed in Los Angeles.
Casillas argued in that case that Officer Abarca should have recognized the situation as a child's game.
People with toy guns injured or killed by police
On a number of occasions, police officers around the country have either killed or badly wounded people after mistaking toy guns for real firearms. The Chronicle reviewed 10 such cases after looking for incidents in which the victim did not appear to be carrying the fake gun with criminal intent. The cases featured common themes. They tended to involve teenage boys, though men carrying guns as part of Halloween costumes have also been shot. The officers often acted while responding to a separate, more serious threat, and they were often hampered by darkness. The shootings also tended to involve people of color. The shootings frequently resulted in lawsuits and big civil payouts by cities, and some spurred new laws regulating toy guns. But none of the officers was charged with crimes, after prosecutors repeatedly came to the same conclusion: Though the threat was not genuine, the officers believed it was in the heat of the moment. Here are some of the cases:
Jaime Gonzalez; Brownsville, Texas
What happened: Two officers fatally shot the 15-year-old boy in a hall at his middle school on Jan. 4, 2012. Police said Jaime threatened the officers with what was later determined to be a pellet gun. The boy's family said the officers came in "guns blazing."
Outcome: A grand jury declined to indict the officers. The family's lawsuit is pending.
Javier Gonzales-Guerrero; San Jose
What happened: San Jose officers found Gonzales-Guerrero sleeping in medical scrubs in a hotel stairwell on Oct. 23, 2011. Police said four officers saw the butt of a gun in his waistband and fired a barrage of bullets when he reached for the weapon. As it turned out, Gonzales-Guerrero - who was grievously wounded but survived - had gotten drunk while dressed as a surgeon at a Halloween party. The gold revolver was a fake.
Outcome: Santa Clara County prosecutors found the shooting lawful after concluding the officers responded to a perceived threat. San Jose paid $4.95 million to settle Gonzales-Guerrero's federal lawsuit.
DeAunta Farrow; West Memphis, Ark.
What happened: On June 22, 2007, while staking out an apartment complex, Officer Erik Sammis shot and killed 12-year-old DeAunta as the boy ran through a darkened lot. Police said the boy ignored commands to drop a toy handgun.
Outcome: A special prosecutor declined to file criminal charges, and a federal civil jury ruled in favor of the officers in a $250 million lawsuit filed by DeAunta's family. Two years after the shooting, Arkansas banned toy guns that look like real firearms.
Nicholas Heyward Jr.; New York City
What happened: The 13-year-old boy was playing cops and robbers with a toy gun in a darkened stairwell of a housing project on Sept. 27, 1994, when he was fatally shot by housing authority Officer Brian George, who had been responding to a report of an armed man.Outcome: The Brooklyn district attorney did not prosecute the officer, blaming the incident on the proliferation of toy guns. The boy's family sued, but it's not clear how the case was resolved. New York City responded by requiring toy guns to be brightly colored.
Silivelio "Tony" Grohse; San Francisco
What happened: Two city officers who had been responding to a report of gunfire shot and killed the severely disabled 13-year-old boy outside a Potrero Hill housing project on Feb. 17, 1988, mistaking the toy gun he had just received for Christmas for a real firearm.
Outcome: The San Francisco district attorney's office cleared the officers, concluding they had a "well-founded fear for their lives" after Silivelio pointed the gun at them and let out a "terrifying shriek." The boy's parents sued for $10 million in federal court, but a judge tossed the case. By the end of the year, the Board of Supervisors banned the sale of real-looking toy guns.
D.C. officer gets 2 years’ probation for assault, excessive force against store worker
D.C. police officer was sentenced to two years of supervised probation Friday for assaulting a man and using excessive force in January 2011 at a store in Northeast Washington.
D.C. Superior Court Judge Robert E. Morin also sentenced Clinton Turner, a patrol officer in the 6th District, to 180 days in jail but suspended that. Morin angrily reprimanded Turner for attacking the man and lying about it in a police report.
Prosecutors said that Turner, who was on patrol at the time, had exchanged words with the store employee, who walked away from the argument. Turner followed him and kept telling him, “Don’t let us get you locked up on your birthday,” prosecutors said.
The victim asked why he would be arrested for being at work doing his job, and the officer warned that if he said something else, he would be arrested, according to prosecutors. The employee sarcastically replied, “Something else,” and Turner slammed him into a display wall. Turner then arrested him for assaulting a police officer.
D.C. Superior Court Judge Robert E. Morin also sentenced Clinton Turner, a patrol officer in the 6th District, to 180 days in jail but suspended that. Morin angrily reprimanded Turner for attacking the man and lying about it in a police report.
Prosecutors said that Turner, who was on patrol at the time, had exchanged words with the store employee, who walked away from the argument. Turner followed him and kept telling him, “Don’t let us get you locked up on your birthday,” prosecutors said.
The victim asked why he would be arrested for being at work doing his job, and the officer warned that if he said something else, he would be arrested, according to prosecutors. The employee sarcastically replied, “Something else,” and Turner slammed him into a display wall. Turner then arrested him for assaulting a police officer.
Officers facing discipline claim disability for big cost to Milwaukee
As the district attorney investigated him for allegedly beating a handcuffed suspect, Milwaukee Police Detective Rodolfo Gomez Jr. applied for duty disability retirement, saying stress had left him unable to do his job, the Journal Sentinel has learned.
If his application is approved, Gomez, 47 — charged last week with felony misconduct in public office — could be paid by the city for the rest of his life.
Under state law, a felony conviction would require Gomez to be fired. But if he were placed on duty disability before that, he would be considered retired instead.
As a result, he would be paid 75% of his $76,000 salary, tax-free, meaning his take-home pay would be about the same. And he even would get raises, just as he would if he went to work every day.
Gomez wouldn't be the first Milwaukee police officer to receive duty disability during or after a disciplinary investigation. At least five others have done so since 2006. Some of the investigations resulted in discipline; some did not. As of July, those five alone had collected $948,000, according to the Employees' Retirement System, which administers the program.
Gomez and other officers accused of misconduct received help with their applications from Bradley DeBraska, according to documents filed with the retirement system. DeBraska is a former Milwaukee officer and police union president who was convicted of a felony for faking a document in the union's high-stakes legal fight with the city over the officers' pension fund.
Duty disability retirement was designed as a safety net to ensure that officers, whose careers are inherently dangerous, would not suffer financial ruin if they were hurt on the job. But in recent years, officers shot by suspects or injured in squad crashes have been joined by officers claiming mental stress as a result of disciplinary matters.
Ald. Michael Murphy, who sits on the city Pension Board, said he has no problem with officers who have legitimate problems applying for duty disability.
"But when you see people file for stress because they are being investigated, including criminally investigated, that has nothing to do with the job, and that process certainly should be changed," he said.
Murphy, also head of the Common Council's Finance and Personnel Committee, requested an outside audit of the duty disability program. The audit, which began last week, will take approximately three months to complete.
Breakdown claimed
Gomez's application for the benefit, filed Oct. 25, says he suffered a mental breakdown as a result of 31/2 years spent investigating the murders of nine children — as well as the death of a pregnant woman whose fetus was cut from her womb, killing them both.
In his application, Gomez said he had a flashback during his interrogation of Deron Love, the father of a dead baby. Gomez is accused of beating Love.
"The stress of dealing with the horrific deaths of helpless children finally caught up with my limits of rationalization and my mental ability to absorb the personal trauma," wrote Gomez, who did not return telephone calls for comment for this story.
In a statement, Milwaukee Police Association president Mike Crivello said officers have a demanding job, both physically and mentally.
"While a physical injury is visible and often easier to determine whether an individual can continue to perform as an officer — psychological trauma injuries are not, but nevertheless as debilitating," he wrote.
Crivello, a detective, said duty disability claims receive "incredible scrutiny" before being approved.
The sworn department members to be granted duty disability during or after disciplinary investigations include Jason Mucha, a former sergeant. Mucha, whose history of misconduct complaints dates to at least 2007, supervised four officers later charged in connection with illegal strip searches. He was not disciplined in any of the cases.
Mucha was granted duty disability late last year after claiming publicity over the complaints left him paranoid, depressed and suicidal. He recently reclaimed nine guns taken from him as part of an emergency mental health detention.
Four more officers who faced internal investigations, including Gomez, are waiting to hear whether their applications have been approved.
Officer in Williams case
One of them is Jason Bleichwehl, who spent time in the front seat of a squad car as Derek Williams struggled to breathe in the back and later died. An inquest jury recommended that Bleichwehl and two other officers be charged with misdemeanors in connection with Williams' death, but no charges were issued. Bleichwehl also was not disciplined by the Police Department.
"No human being should have to endure one false allegation in the public domain, public ridicule from your boss, have elected officials use your life as a scapegoat or have your complete life exposed for public consumption," Bleichwehl wrote in his application for duty disability payments. "... The Chief of Police in Milwaukee did nothing to dispel or contradict the allegations and to the contrary, the Chief made disparaging remarks regarding my conduct. No person was protecting me in the public domain against the complete destruction of my mental and physical health."
Michael Steinle, attorney for Gomez and Bleichwehl, said he could not comment.
"I really don't feel comfortable talking about those situations because I would have to go into attorney-client privilege and I am not authorized to do that," Steinle said. "Plus, you are talking medical conditions that under (medical confidentiality) laws I am not allowed to discuss."
Application process
To apply for duty disability, police officers first must file for worker's compensation.
For officers hired before 2006, two doctors, one picked by the union, one by the city, review the case. If the doctors do not agree, a third breaks the tie. Officers hired since 2006 who claim a stress-related disability are evaluated by a three-doctor panel appointed by the Employees' Retirement System.
After the disability is granted, the case is re-evaluated each year by a three-doctor panel until the person is 57. After that, duty disabilities are converted to traditional pensions, as if the officers had worked full careers.
Duty disability payments are made via the city's $4.8 billion retirement trust. The city and current employees contribute to the trust account, which funds pensions for all retired city employees, not just police and not just those with disabilities. This year, the city's contribution to the fund was $62 million, according to the retirement system. Retirees, including police on duty disability, no longer are required to pay into the fund. Their pensions are funded with investment returns.
Murphy noted that the disability process is governed by the police union's collective bargaining agreement. Other city employees do not work under such an agreement following the passage of Wisconsin's Act 10, which stripped most public employees of most collective bargaining rights.
The act, however, exempted police and fire employees. Murphy said the city will be limited in reforms it can make to the duty disability system unless Act 10 is extended to law enforcement and firefighters.
One of the goals of the audit, being conducted by Segal Consulting for a fee of $45,000, is to determine whether any cost-saving changes can be made through city ordinances, according to the city's request for quotes. Auditors also will look for "changes that could be made to decrease the risk of fraud and abuse of the program," the document says.
Murphy isn't the only one with qualms about the system.
Officials at the Police Department are concerned that officers who are healthy enough to work desk jobs — known as "light duty" or "limited duty" — are instead getting duty disability because the doctors evaluating the officers have been misled by inaccuracies in their applications.
Problem noted
Police Capt. Gary Gacek, head of the Internal Affairs Division, pointed out the potential problem in an Oct. 15 letter to Jerry Allen, executive director of the retirement system.
Several of the applications reference the "always on duty rule," which states: "(Officers) are always subject to orders from proper authority and to calls from citizens. The fact that they may be technically 'off-duty' shall not be held as relieving them from the responsibility of taking required police action in any matter coming to their attention at any time."
The applicants claim department rules do not allow exceptions for officers working limited duty, according to copies of their letters.
Gacek, however, says Milwaukee Police Chief Edward Flynn rescinded the "always on duty" rule in February 2011.
"There is no condition of employment that requires an existing disabled law enforcement employee to take law enforcement action, whether on-duty or off-duty," Gacek wrote. "... The department can also accommodate most law enforcement employees who suffer from an illness, injury or mental affliction with an assignment that takes into consideration the employees' limitation or disability."
The same language referencing the "always on duty" rule shows up in multiple applications witnessed by DeBraska, former president of the Milwaukee Police Association, the union that represents rank-and-file officers. At least six of the applicants who got help from DeBraska claimed stress due to an internal investigation, including Mucha, Bleichwehl and Gomez, who was a member of the police union board until July.
DeBraska, who did not return calls for comment, has been heavily involved in the pension system for years. He was an elected member of the pension board while he headed the police union. He retired from the department in 2005. As of last year, he was working for the Milwaukee Police Supervisors' Organization.
In 2009, a Milwaukee County jury convicted DeBraska of fabricating a memo from a former top city leader that the union then used in a legal fight with the city over pension funds. He was sentenced to six months in jail.
The sentence did not bar DeBraska from working in the pension system, Murphy noted.
"I was amazed that wasn't part of the ruling, that he could have no dealings with the pension," he said. "A known felon who forged an alderman's signature that could have resulted in millions and millions in costs to the taxpayers now is the main consultant in all these mental stress duty disability cases."
Raquel Rutledge of the Journal Sentinel staff contributed to this report.
If his application is approved, Gomez, 47 — charged last week with felony misconduct in public office — could be paid by the city for the rest of his life.
Under state law, a felony conviction would require Gomez to be fired. But if he were placed on duty disability before that, he would be considered retired instead.
As a result, he would be paid 75% of his $76,000 salary, tax-free, meaning his take-home pay would be about the same. And he even would get raises, just as he would if he went to work every day.
Gomez wouldn't be the first Milwaukee police officer to receive duty disability during or after a disciplinary investigation. At least five others have done so since 2006. Some of the investigations resulted in discipline; some did not. As of July, those five alone had collected $948,000, according to the Employees' Retirement System, which administers the program.
Gomez and other officers accused of misconduct received help with their applications from Bradley DeBraska, according to documents filed with the retirement system. DeBraska is a former Milwaukee officer and police union president who was convicted of a felony for faking a document in the union's high-stakes legal fight with the city over the officers' pension fund.
Duty disability retirement was designed as a safety net to ensure that officers, whose careers are inherently dangerous, would not suffer financial ruin if they were hurt on the job. But in recent years, officers shot by suspects or injured in squad crashes have been joined by officers claiming mental stress as a result of disciplinary matters.
Ald. Michael Murphy, who sits on the city Pension Board, said he has no problem with officers who have legitimate problems applying for duty disability.
"But when you see people file for stress because they are being investigated, including criminally investigated, that has nothing to do with the job, and that process certainly should be changed," he said.
Murphy, also head of the Common Council's Finance and Personnel Committee, requested an outside audit of the duty disability program. The audit, which began last week, will take approximately three months to complete.
Breakdown claimed
Gomez's application for the benefit, filed Oct. 25, says he suffered a mental breakdown as a result of 31/2 years spent investigating the murders of nine children — as well as the death of a pregnant woman whose fetus was cut from her womb, killing them both.
In his application, Gomez said he had a flashback during his interrogation of Deron Love, the father of a dead baby. Gomez is accused of beating Love.
"The stress of dealing with the horrific deaths of helpless children finally caught up with my limits of rationalization and my mental ability to absorb the personal trauma," wrote Gomez, who did not return telephone calls for comment for this story.
In a statement, Milwaukee Police Association president Mike Crivello said officers have a demanding job, both physically and mentally.
"While a physical injury is visible and often easier to determine whether an individual can continue to perform as an officer — psychological trauma injuries are not, but nevertheless as debilitating," he wrote.
Crivello, a detective, said duty disability claims receive "incredible scrutiny" before being approved.
The sworn department members to be granted duty disability during or after disciplinary investigations include Jason Mucha, a former sergeant. Mucha, whose history of misconduct complaints dates to at least 2007, supervised four officers later charged in connection with illegal strip searches. He was not disciplined in any of the cases.
Mucha was granted duty disability late last year after claiming publicity over the complaints left him paranoid, depressed and suicidal. He recently reclaimed nine guns taken from him as part of an emergency mental health detention.
Four more officers who faced internal investigations, including Gomez, are waiting to hear whether their applications have been approved.
Officer in Williams case
One of them is Jason Bleichwehl, who spent time in the front seat of a squad car as Derek Williams struggled to breathe in the back and later died. An inquest jury recommended that Bleichwehl and two other officers be charged with misdemeanors in connection with Williams' death, but no charges were issued. Bleichwehl also was not disciplined by the Police Department.
"No human being should have to endure one false allegation in the public domain, public ridicule from your boss, have elected officials use your life as a scapegoat or have your complete life exposed for public consumption," Bleichwehl wrote in his application for duty disability payments. "... The Chief of Police in Milwaukee did nothing to dispel or contradict the allegations and to the contrary, the Chief made disparaging remarks regarding my conduct. No person was protecting me in the public domain against the complete destruction of my mental and physical health."
Michael Steinle, attorney for Gomez and Bleichwehl, said he could not comment.
"I really don't feel comfortable talking about those situations because I would have to go into attorney-client privilege and I am not authorized to do that," Steinle said. "Plus, you are talking medical conditions that under (medical confidentiality) laws I am not allowed to discuss."
Application process
To apply for duty disability, police officers first must file for worker's compensation.
For officers hired before 2006, two doctors, one picked by the union, one by the city, review the case. If the doctors do not agree, a third breaks the tie. Officers hired since 2006 who claim a stress-related disability are evaluated by a three-doctor panel appointed by the Employees' Retirement System.
After the disability is granted, the case is re-evaluated each year by a three-doctor panel until the person is 57. After that, duty disabilities are converted to traditional pensions, as if the officers had worked full careers.
Duty disability payments are made via the city's $4.8 billion retirement trust. The city and current employees contribute to the trust account, which funds pensions for all retired city employees, not just police and not just those with disabilities. This year, the city's contribution to the fund was $62 million, according to the retirement system. Retirees, including police on duty disability, no longer are required to pay into the fund. Their pensions are funded with investment returns.
Murphy noted that the disability process is governed by the police union's collective bargaining agreement. Other city employees do not work under such an agreement following the passage of Wisconsin's Act 10, which stripped most public employees of most collective bargaining rights.
The act, however, exempted police and fire employees. Murphy said the city will be limited in reforms it can make to the duty disability system unless Act 10 is extended to law enforcement and firefighters.
One of the goals of the audit, being conducted by Segal Consulting for a fee of $45,000, is to determine whether any cost-saving changes can be made through city ordinances, according to the city's request for quotes. Auditors also will look for "changes that could be made to decrease the risk of fraud and abuse of the program," the document says.
Murphy isn't the only one with qualms about the system.
Officials at the Police Department are concerned that officers who are healthy enough to work desk jobs — known as "light duty" or "limited duty" — are instead getting duty disability because the doctors evaluating the officers have been misled by inaccuracies in their applications.
Problem noted
Police Capt. Gary Gacek, head of the Internal Affairs Division, pointed out the potential problem in an Oct. 15 letter to Jerry Allen, executive director of the retirement system.
Several of the applications reference the "always on duty rule," which states: "(Officers) are always subject to orders from proper authority and to calls from citizens. The fact that they may be technically 'off-duty' shall not be held as relieving them from the responsibility of taking required police action in any matter coming to their attention at any time."
The applicants claim department rules do not allow exceptions for officers working limited duty, according to copies of their letters.
Gacek, however, says Milwaukee Police Chief Edward Flynn rescinded the "always on duty" rule in February 2011.
"There is no condition of employment that requires an existing disabled law enforcement employee to take law enforcement action, whether on-duty or off-duty," Gacek wrote. "... The department can also accommodate most law enforcement employees who suffer from an illness, injury or mental affliction with an assignment that takes into consideration the employees' limitation or disability."
The same language referencing the "always on duty" rule shows up in multiple applications witnessed by DeBraska, former president of the Milwaukee Police Association, the union that represents rank-and-file officers. At least six of the applicants who got help from DeBraska claimed stress due to an internal investigation, including Mucha, Bleichwehl and Gomez, who was a member of the police union board until July.
DeBraska, who did not return calls for comment, has been heavily involved in the pension system for years. He was an elected member of the pension board while he headed the police union. He retired from the department in 2005. As of last year, he was working for the Milwaukee Police Supervisors' Organization.
In 2009, a Milwaukee County jury convicted DeBraska of fabricating a memo from a former top city leader that the union then used in a legal fight with the city over pension funds. He was sentenced to six months in jail.
The sentence did not bar DeBraska from working in the pension system, Murphy noted.
"I was amazed that wasn't part of the ruling, that he could have no dealings with the pension," he said. "A known felon who forged an alderman's signature that could have resulted in millions and millions in costs to the taxpayers now is the main consultant in all these mental stress duty disability cases."
Raquel Rutledge of the Journal Sentinel staff contributed to this report.
Deliberations in Indy officer's trial to resume
FORT WAYNE, Ind. (AP) — A jury has ended its first day of deliberations in the reckless homicide and drunken driving trial of an Indianapolis police officer charged in a fatal crash.
The Fort Wayne jury got the David Bisard case on Monday afternoon and deliberated about three hours before quitting for the evening. It's due to resume Tuesday morning.
Bisard's patrol car crashed into two motorcycles stopped at an Indianapolis traffic light in August 2010, killing a 30-year-old man and seriously injuring two other people.
Allen County Judge John Surbeck dismissed one juror Monday for researching blood-alcohol tests online in violation of Surbeck's instructions.
Two other jurors previously were excused, leaving no alternate jurors remaining. If an additional juror were dismissed, the case would end in a mistrial.
Columbia police officer suspended after being arrested for DUI over the weekend
COLUMBIA, South Carolina — A Columbia police officer has been suspended after he was arrested over the weekend and charged with driving under the influence.
Richland County Sheriff Leon Lott says 30-year-old Steven Joshua White was arrested at around 3:45 a.m. Saturday after deputies saw him driving erratically.
Lott says White was unsteady on his feet. Officers also found several open bottles of alcohol inside the SUV.
Columbia Police Department officials say White has been suspended without pay during the investigation. It wasn't known if he had an attorney.
Richland County Sheriff Leon Lott says 30-year-old Steven Joshua White was arrested at around 3:45 a.m. Saturday after deputies saw him driving erratically.
Lott says White was unsteady on his feet. Officers also found several open bottles of alcohol inside the SUV.
Columbia Police Department officials say White has been suspended without pay during the investigation. It wasn't known if he had an attorney.
Cop shoots himself while securing gun
A Brooklyn cop accidentally shot himself in the arm while trying to secure his gun inside his stationhouse Monday morning, police said.
Officer fired after investigation into shooting
MOREHEAD CITY – A Morehead City police officer who is accused of accidentally shooting another officer during training last month has been fired as the result of the internal investigation.
Police Chief Wrenn Johnson confirmed Monday that Marvin Willis III is no longer with the department and referred questions to the town’s human resources department.
Morehead City Manager David Whitlow said Willis was terminated from the police department last week after the department’s internal investigation found that he had been dishonest.
“He was terminated for being untruthful,” Whitlow said.
According to investigators, Willis shot fellow officer Garrett Hardin in the chest Oct. 2 while they were training in the parking lot outside the police department. Hardin was seriously injured and hospitalized at Vidant Medical Center in Greenville for a week before being released to recover at home.
The State Bureau of Investigation was called in to investigate, which is standard procedure in officer-involved shootings.
Former Little Rock cop gets 104 months for drug escort duty
Little Rock cop Mark Anthony Jones, 46, was sentenced today to 104 months in prison for taking money to serve as an escort to what he believed were shipments of marijuana through the city. He and his brother, also a Little Rock, officer, were under surveillance in a sting operation.
Jones had entered a plea agreement. His brother, Randall Robinson, was convicted earlier on a marijuana charge, but a mistrial was declared on other charges. He'll be retried in the spring. According to the government, they provided escort in marked patrol cars and failed to respond to a shooting report while at the task in March 2012.
NEWS RELEASE
Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas; Randall C. Coleman, Special Agent in Charge of the Little Rock Field Office of the Federal Bureau of Investigation (FBI); and Stuart Thomas, Chief of the Little Rock Police Department, announced Mark Anthony Jones, age 46 of Little Rock was sentenced by United States District Judge James M. Moody to 104 months in federal prison to be followed by four years of supervised release. Jones was immediately taken into United States Marshal custody following the sentencing.
“As I said when Jones was arrested, we owe it to this community and, more importantly, to the upstanding individuals who wear the badge of the LRPD to hold those who break the law accountable for their actions,” stated Thyer. “This case was carefully investigated and the facts speak for themselves. Jones’ choice to sell his career for cash is disheartening. My hope is, this sentence will serve notice to all other law enforcement officers that disregard of the law will result in prosecution. No one is above the law. To those who valiantly serve with integrity, I applaud you and thank you for your service.”
“The sentence imposed today sends a strong message to anyone in law enforcement who would betray his or her oath to protect and serve the public," stated Acting FBI Special Agent in Charge Howard S. Marshall. "The vast majority of us who respect the badges we wear and who are committed to public service will band together to aggressively investigate these egregious, criminal activities. In many of these investigations, they start with a tip from a concerned citizen. We are grateful for those who come forward to report corruption to us and we continue to encourage people to do so.”
Chief Thomas added, “I hope the message is clear that allegations of corruption will be diligently investigated and prosecuted. The men and women of this Department who participated in this difficult and demanding investigation demonstrated professionalism, integrity, and confidentiality to the highest degree. This Department is appreciative our partnership with the United States Attorney’s Office and the Little Rock Office of the FBI which, without hesitation, provided the resources and expertise necessary to fully investigate this matter and ultimately bring it to a successful conclusion today.”
Jones was arrested May 24, 2013 and pled guilty June 28, 2013, to one count of attempting to aid and abet the possession with intent to distribute approximately 1,000 pounds of marijuana.
The facts in the Plea Agreement state that Jones had been a policeman with the Little Rock Police Department since 1988. Early in 2012, Jones traveled with a Confidential Informant (CI) to Los Angeles, California to meet the informant's purported supplier of marijuana. During dinner, the supplier (who was actually an undercover FBI agent) and Jones engaged in recorded conversation about marijuana loads being brought into Little Rock. After returning from California, the CI contacted Jones regarding a truckload of 1,000 pounds of marijuana coming into Little Rock. Jones was asked to and agreed to provide security for this load. He recruited his brother, another LRPD officer to be the 2nd escort to protect against an arrest by other law enforcement.
On March 22, 2012, Jones and his brother provided the protection while driving marked patrol cars. The delivery was divided in two vans of a purported quantity of approximately 500 pounds of marijuana in each van. The FBI set-up surveillance of the activities including aerial surveillance. The facts state that during the time Jones and his brother provided the escort, they “overheard on their police radio a call for shots fired near their location. They were the officers closest to the shooting, but did not respond because they were following the vans.” Jones didn’t respond to the call until he had completed the escort of the vans – approximately one hour later.
Jones was audio and video recorded by the FBI later that day meeting with the CI who paid him $10,000 in cash for the escort - $5,000 for Jones and $5,000 for his brother.
On July 15, 2013, Jones’ brother, Randall Tremayne Robinson, was found guilty of Count 3 of the Superseding Indictment for distribution of marijuana in August of 2009. The jury hung on all other counts. A second Superseding Indictment was filed August 7, 2013. The trial has been set for March 17, 2014 before United States District Judge James L. Moody. An indictment contains only allegations. All defendants are presumed innocent unless and until proven guilty.
This investigation was conducted by the Little Rock Field Office of the Federal Bureau of Investigation in cooperation with, and with substantial support from, the Little Rock Police Department. Assistant United States Attorneys Pat Harris and Anne Gardner have prosecuted this case for the United States.
Jones had entered a plea agreement. His brother, Randall Robinson, was convicted earlier on a marijuana charge, but a mistrial was declared on other charges. He'll be retried in the spring. According to the government, they provided escort in marked patrol cars and failed to respond to a shooting report while at the task in March 2012.
NEWS RELEASE
Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas; Randall C. Coleman, Special Agent in Charge of the Little Rock Field Office of the Federal Bureau of Investigation (FBI); and Stuart Thomas, Chief of the Little Rock Police Department, announced Mark Anthony Jones, age 46 of Little Rock was sentenced by United States District Judge James M. Moody to 104 months in federal prison to be followed by four years of supervised release. Jones was immediately taken into United States Marshal custody following the sentencing.
“As I said when Jones was arrested, we owe it to this community and, more importantly, to the upstanding individuals who wear the badge of the LRPD to hold those who break the law accountable for their actions,” stated Thyer. “This case was carefully investigated and the facts speak for themselves. Jones’ choice to sell his career for cash is disheartening. My hope is, this sentence will serve notice to all other law enforcement officers that disregard of the law will result in prosecution. No one is above the law. To those who valiantly serve with integrity, I applaud you and thank you for your service.”
“The sentence imposed today sends a strong message to anyone in law enforcement who would betray his or her oath to protect and serve the public," stated Acting FBI Special Agent in Charge Howard S. Marshall. "The vast majority of us who respect the badges we wear and who are committed to public service will band together to aggressively investigate these egregious, criminal activities. In many of these investigations, they start with a tip from a concerned citizen. We are grateful for those who come forward to report corruption to us and we continue to encourage people to do so.”
Chief Thomas added, “I hope the message is clear that allegations of corruption will be diligently investigated and prosecuted. The men and women of this Department who participated in this difficult and demanding investigation demonstrated professionalism, integrity, and confidentiality to the highest degree. This Department is appreciative our partnership with the United States Attorney’s Office and the Little Rock Office of the FBI which, without hesitation, provided the resources and expertise necessary to fully investigate this matter and ultimately bring it to a successful conclusion today.”
Jones was arrested May 24, 2013 and pled guilty June 28, 2013, to one count of attempting to aid and abet the possession with intent to distribute approximately 1,000 pounds of marijuana.
The facts in the Plea Agreement state that Jones had been a policeman with the Little Rock Police Department since 1988. Early in 2012, Jones traveled with a Confidential Informant (CI) to Los Angeles, California to meet the informant's purported supplier of marijuana. During dinner, the supplier (who was actually an undercover FBI agent) and Jones engaged in recorded conversation about marijuana loads being brought into Little Rock. After returning from California, the CI contacted Jones regarding a truckload of 1,000 pounds of marijuana coming into Little Rock. Jones was asked to and agreed to provide security for this load. He recruited his brother, another LRPD officer to be the 2nd escort to protect against an arrest by other law enforcement.
On March 22, 2012, Jones and his brother provided the protection while driving marked patrol cars. The delivery was divided in two vans of a purported quantity of approximately 500 pounds of marijuana in each van. The FBI set-up surveillance of the activities including aerial surveillance. The facts state that during the time Jones and his brother provided the escort, they “overheard on their police radio a call for shots fired near their location. They were the officers closest to the shooting, but did not respond because they were following the vans.” Jones didn’t respond to the call until he had completed the escort of the vans – approximately one hour later.
Jones was audio and video recorded by the FBI later that day meeting with the CI who paid him $10,000 in cash for the escort - $5,000 for Jones and $5,000 for his brother.
On July 15, 2013, Jones’ brother, Randall Tremayne Robinson, was found guilty of Count 3 of the Superseding Indictment for distribution of marijuana in August of 2009. The jury hung on all other counts. A second Superseding Indictment was filed August 7, 2013. The trial has been set for March 17, 2014 before United States District Judge James L. Moody. An indictment contains only allegations. All defendants are presumed innocent unless and until proven guilty.
This investigation was conducted by the Little Rock Field Office of the Federal Bureau of Investigation in cooperation with, and with substantial support from, the Little Rock Police Department. Assistant United States Attorneys Pat Harris and Anne Gardner have prosecuted this case for the United States.
cop gets 36-month R-I in graft case
A police inspector with N M Joshi Marg police, who was arrested for
graft in 2006, was Thursday convicted and sentenced to 36 months of rigorous
imprisonment, while a sub-inspector, who was also arrested in the same case, was
acquitted. ACB officers said inspector Prashant Pandit and sub-inspector Jagdish Giri
were arrested by 2006 after they allegedly demanded Rs 50,000 from an arrested
suspect in lieu of his release. Pandit was the investigating officer in the
case, police said.
South Barrington cop pleads guilty
A South Barrington police officer has been sentenced to probation after pleading guilty to forgery, possession of a controlled substance and official misconduct.
Keith Baker, 31, of Bartlett, was sentenced Wednesday to 24 months of intensive probation, which includes random drug tests and a curfew among other requirements, in exchange for his guilty pleas. He was also ordered to pay $1,404 in fines, court records show
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