DUI Trial Underway For Ex-Officer Charged In ATV Crash
MIAMI (CBSMiami) — Trial is
underway for former Miami Beach police officer charged with four felonies after
he was involved in an ATV crash on the beach which seriously injured two people
in 2011.
Derick Kuilan and his partner
were allegedly drinking at a bachelorette party July 4th, 2011 at the
Clevelander Hotel.
“They start dancing with them.
They’re having a good time,” prosecutor Eileen Keeley told the jury in her
opening statement. “These police officers, they’re not acting like police
officers, they’re becoming part of the entertainment.”
Maid of honor, Camille
Hippensteel, testified Monday that she thought the officers, buffed out in
form-fitting uniforms, could have been sent as party favors for the bridal
party.
“Their uniforms were so tight
that they almost looked like strippers,” Hippensteel said.
She testified that it did not
occur to her that Kuilan might be impaired, but she didn’t think to look for
any sign of impairment.
Keeley said Kuilan then took
the 28-year bride-to-be Adalee Martin for for a joyride on a police ATV.
“They are flying down the sand
and all of the sudden it’s like he hit a wall,” said Keeley.
That “wall” turned out to be
Luis Almonte and Kitzie Nicanor who were out for a walk on the beach, according
to authorities.
Almonte’s leg was broken.
Nicanor also suffered a broken leg, was knocked unconscious and had to have
several surgeries. Martin flew off the bike into the sand. Kuilan radioed for
help but allegedly never mentioned the accident.
One of the first witnesses on
the stand was Martin. She told the jury that she had a shot of tequila that
night and a couple of Corona beers at the Clevelander. Martin also said she
would not have gotten on the ATV if she suspected Kuilan had been drinking.
“I trusted him because he was a
police officer, so I felt safe,” said Martin.
She added “We were going pretty
fast. That’s like when I felt like we hit a brick wall.”
Traffic homicide investigator
Kerry Humphrey showed jurors photos of the heavily damaged police ATV.
Prosecutors believe the photos help prove Kuilan was traveling at a high rate
of speed, bolstering their charge that he was driving recklessly. Humphrey said
the ATV was going so fast that it flipped over on impact.
Investigators waited several
hours before drawing Kuilan’s blood for testing.
Keeley told jurors Kuilan’s
“face is flushed, his eye are red” and his “blood results were .088 five hours
later he is still over the legal limit.
Kuilan’s defense attorney, Evan
Hoffman, admitted that the ATV joyride was “probably not the smartest thing.”
“We agree that there were
actions made that were not the best judgement,” said Hoffman.
Hoffman said while Kuilan’s
actions and the accident were a civil matter and did not belong in a criminal
court. They also plan to challenge the results of the DUI test. Hoffman said no
one will testify at the trial that they ever saw Kuilan or his partner actually
drinking at the bachlorette party.
Kuilan is charged with two
counts of driving under the influence and causing serious bodily harm, and two
counts of reckless driving. He faces a maximum prison sentence of ten years
Probation for cop in gun license case
He will pay more than $16,000
in restitution
Written by Beth LeBlanc
A former Clay Township police
officer will serve a year and a half of probation and pay more than $16,000 in
restitution for unlawfully granting pistol safety training certificates to 27
people.
Ralph Cierpial, 37, was
sentenced Monday in front of St. Clair County Circuit Judge Daniel Kelly.
Cierpial pleaded guilty to the
charge April 28, the same day he resigned from the Clay Township Police
Department.
In a December preliminary
examination, witnesses testified they received concealed pistol license
training certificates in March 2013 without receiving required firing-range
instruction.
During the sentencing, Cierpial
apologized to the court and said he accepted responsibility for his actions.
Cop fantasy
“It’s not Mr. Cierpial’s
intention to quibble, if you will, in terms of his overall acceptance of
responsibility in this matter,” Cierpial’s lawyer Daniel Garon said during the
sentencing.
Kelly said the lack of
firing-range training puts those 27 certified by Cierpial at risk.
“As a law enforcement officer,
your actions have reflected upon other law enforcement officers in the
community,” the judgesaid.
Mona Armstrong, senior
assistant prosecutor, said about $10,000 of the more than $16,000 in
restitution will be given back to victims who paid for valid training and
certification but did not receive it.
The remaining $6,000 will go to
the St. Clair County clerk’s office.
“The clerk and the gun board
literally had to spend hours and hours to determine which certifications were
compromised,” Armstrong said.
St. Clair County Clerk Jay
DeBoyer has said the clerk’s office contacted and interviewed more than 300
people who received certification from Cierpial.
Armstrong said the case was
unfortunate from the onset.
“I’m comfortable that the
defendant accepted responsibility for what he did, and the court appropriately
sanctioned him,” Armstrong said.
Cop will go to prison for hacking NYPD over love triangle
By Kirstan Conley and Rich
Calder
His rabid jealousy has landed a
former Bronx NYPD detective in jail.
An emotional Edwin Vargas was
sentenced in Manhattan federal court Monday to four months in prison for
shelling out more than $4,000 to hack into police department email accounts so
he could find out whether a fellow cop was sleeping with his baby mama.
Noting that the NYPD allowed
Vargas to retire and keep his benefits due to an exemplary two decades of
service, Judge Kevin Castel cut the ex-cop a big break. The judge didn’t hit
him with a $30,000 fine he faced and sentenced Vargas well below the
recommended guidelines of 10 to 16 months in prison under terms of his plea
deal.
“First, I’d like to apologize
to all the victims in this case, especially my son’s mother,” a choked-up
Vargas told the court. “I never meant to hurt anyone. I’d like to apologize to
my family and friends who, though they were disappointed by my actions, stood
by me.”
After holding back tears, he
then said, “I love you guys. To my son Tristan, I’d like to say ‘I am sorry.’”
A moved Castel said he believed
Vargas’ apology was “sincere.”
Vargas admitted that from April
2010 to May 2012, he paid a Los Angeles company specializing in email hacking
to supply him with personal log-in credentials to help spy on his ex-lover.
The data included information
on at least 20 of his NYPD colleagues, including his former girlfriend.
He admitted using the
information to access the account of at least one person. Vargas also dug up
personal information on two cops using the FBI’s National Crime Information
Center, and accessed the phone records of another victim, authorities said.
He pleaded guilty to computer
hacking and unauthorized access to a law-enforcement database and will be subject to a year of supervised
release when he gets out of prison.
The feds busted Vargas in May
2013 after finding a file on his work computer with contact information for his
victims, including email accounts and apparent passwords.
In some cases, Vargas
communicated with the hacking company by freeloading off his neighbor’s wireless
connections, authorities said.
One cop told The Post in May
2013 that Vargas’ creepy behavior had been an issue for years — and that he
even pursued his co-workers’ ex-wives and girlfriends.
Vargas was disciplined two
years ago for allegedly stalking his ex, sources said. He was penalized five
vacation days and was transferred from the 40th to the 44th Precinct, both in
The Bronx.
The woman, who was not
identified, complained at the time that she was being stalked, and said that
Vargas had sent her harassing texts and called her names, the sources said.
Beach cop lied to protect love interest
By Marc Freeman, Sun Sentinel
WEST PALM BEACH, Fla. -- Former
Delray Beach Police Officer Dave Chin is now a convicted felon because of his
lies and misdeeds concerning a romantic interest in a woman he arrested in
2011.
Chin, 37, pleaded guilty Monday
to five felony charges: three counts of official misconduct and two counts of
perjury in an official proceeding.
While those counts altogether
carry maximum of 25 years in state prison, Chin was sentenced to six months in
Palm Beach County Jail under a plea deal with the State Attorney's Office.
He'll serve the punishment on house arrest with a GPS ankle monitor.
Chin, represented by defense
attorneys Flynn Bertisch and Michael Salnick, appeared before Circuit Judge
Robin Rosenberg and acknowledged his crimes rather than proceed to a trial and
leave his fate up to a jury.
Prosecutor Marci Rex called the
plea agreement "an appropriate resolution to this case."
Salnick agreed.
"Considering the fact that
he is not going to jail, I believe it was a fair resolution," he told the
Sun Sentinel.
According to a report filed for
Chin's August 2012 arrest, the married officer had sent text messages to
Natalie Jerue, a friend of a confidential informant, telling her she was pretty
and asking her out on movie and dinner dates.
While he was a member of the
department's Street Narcotics Enforcement Unit, Chin in June 2011 charged Jerue
with trafficking Oxycodone, a painkiller. But investigators accused Chin of
falsifying some of the facts in Jerue's arrest report.
Later, in an effort to help
Jerue's case, Chin sent a memo to the State Attorney's Office, which he
attributed to his supervisor, saying that on the day of her arrest Jerue
started providing information to police that led to several narcotics arrests,
the seizure of approximately 200 Oxycodone pills, several handguns, a rifle and
$3,800 in cash.
But it was all lies,
authorities said.
The trafficking case against
Jerue was later dropped, according to court records.
At the time of Chin's arrest
and subsequent suspension, the police chief said the officer's actions were
"not a direct reflection of the dedication and hard work done daily by the
men and women of the Delray Beach Police Department."
But Chin's misconduct turned
out to be quite costly for the agency, because in September 2012 the State
Attorney's Office dropped at least 20 cases that involved Chin's work as a
police officer.
Narcotics charges resulting
from arrests of suspects from 2010 to 2012 were tossed because of the tainted
connection with Chin.
Chin's felony convictions mean
the disgraced cop won't be able to wear a badge ever again, prosecutor Rex said
after Monday's court hearing.
"He will lose his right to
vote, own firearms, and be a law enforcement officer," she said.
But Chin's already pursuing new
career opportunities, anyway.
"He's turning the page and
moving forward," Salnick said.
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