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Kennebunkport police officer charged with driving to endanger
By
Jennifer Feals
KENNEBUNKPORT
— Kennebunkport police have charged one of their own officers with driving to
endanger, following a motorcycle accident last July.
Officer
Marc Laflamme, 44, of Kennebunkport, was charged on May 28 with driving to
endanger after an investigation into an accident on July 26, 2013, when
Laflamme sustained serious injuries after crashing his motorcycle on Arundel
Road.
Laflamme
is due to appear at the Biddeford District Court on July 23. The charge is a
misdemeanor, said Police Chief Craig Sanford.
The
case was screened by the York County District Attorney’s Office, Sanford said,
which “decided what charges should be brought forward.”
Following
the accident last July, an accident reconstruction was conducted immediately by
an investigator from the Sanford Police Department and a blood alcohol analysis
was conducted. Those results were turned over to the District Attorney’s office
and Sanford said Friday that he could not discuss those results as the case is
“pending.”
“It’s
all in the courts right now. Where it’s a pending case, I can’t talk about it,”
he said. “They have their evidence and we’ll see what happens.”
Laflamme
returned to work at the police department in March. Sanford said the charge
does not affect that status.
“Everybody
is innocent until proven guilty,” he said.
Laflamme
joined the Kennebunkport Police Department as a full-time patrolman in October
2007 after working as a summer reserve officer since 2001. Laflamme is a
longtime volunteer with the Kennebunkport Fire Department and Kennebunkport
Emergency Medical Servic
PROSECUTOR AND POLICE MISCONDUCT FOUND IN CASE OF MAN WHO SPENT 19 YEARS IN PRISON
Darryl
Anthony Howard to get new trial
(DURHAM,
N.C.) -- Citing misconduct by a former prosecutor and a Durham, North Carolina
police detective, a judge on Tuesday ordered a new trial for a man who has
spent the past 19 years in prison for two murders he has always maintained he
did not commit.
A
North Carolina district court reversed a double murder conviction and ordered a
new trial for Darryl Anthony Howard based on both prosecutorial misconduct and
new DNA evidence pointing to other suspects.
Darryl
always maintained his innocence in the 1991 double homicide of Doris Washington
and her 13-year-old daughter, Nichanda. He was arrested for the crime nearly a
year after it occurred although there was never any physical evidence linking
him to the crime.
Durham
police detective Daryl Dowdy had testified that the crimes were never suspected
to involve a sexual assault despite clear physical evidence of sexual assault
to both victims.
The
nude bodies of the two were found in 1991 inside their apartment in at a public
housing complex in east Durham.
According
to a report by The News & Observer newspaper in Raleigh, " The case -
taken up by the Innocence Project, a nonprofit legal organization that has
freed 18 wrongly convicted people from death row in its 22 years - casts a
spotlight again on the Durham justice system. It renews questions about the
integrity and fairness of prosecutors and police investigators in a city that
took a bruising from its handling of the Duke lacrosse case."
The
Duke lacrosse case was a 2006 criminal case resulting from what proved to be a
false accusation of rape made against three members of the men's lacrosse team
at Duke University in Durham, North Carolina.
The
fallout from the case's final resolution led to, among other things, the
disbarment of lead prosecutor Mike Nifong.
Through
open file discovery the Innocence Project uncovered a police memo, "That
reveals that Durham police received a detailed tip from a confidential
informant four days after the murders that the crimes involved sexual assault
and the victims were murdered by more than one perpetrator – information that
former prosecutor Mike Nifong never turned over to Darryl’s attorneys,"
according to a release by the Innocence Project
The
Project also said DNA testing before trial excluded Mr. Howard as the source of
biological evidence recovered from the daughter, and new DNA testing has
excluded him as the source of semen found in the mother.
The
prosecutorial misconduct in Darryl’s case casts doubt over the entire Durham
justice system since it was former prosecutor Nifong who was disbarred and held
in contempt for his actions in the Duke Lacrosse case, according to the
Innocence Project .
In
his order released Tuesday Superior Court Judge Orlando Hudson wrote, "It
is undisputed that there was and is no physical evidence connecting Howard to
this crime scene or to these victims."
According
to the report by the The News & Observer sperm was found on the teen and
collected in an investigative rape kit. An autopsy showed that her mother had
been sexually assaulted. Howard was charged in the homicides, but DNA tests
excluded him as a match to the sexual assault evidence collected.
At
trial, Durham Police Detective D.L. Dowdy testified that he never suspected
that the murders involved sexual assaults and that he never investigated them
as such.
Nifong,
the assistant district attorney at the time repeated that claim to the jury and
suggested that the sperm on the teen was the result of consensual sex before
the murder.
But
the claims by both the prosecutor and investigator were contradicted by a
police memo that Nifong and Dowdy had in their files, a document uncovered within
the past decade by Innocence Project researchers and Jim Cooney, a Charlotte
attorney working with them.
A
few days after the bodies were found, police got a confidential tip that a drug
gang had murdered Doris Washington over an $8,000 drug debt and further the
tipster said the killers raped the mother before killing her, "And that
the daughter was raped and killed after unwittingly walking in on the
scene" according to the The News & Observer report.
Cops and the women they abuse: Suspended officer faces new charge
Cops and the women they abuse: Suspended officer faces new charge: GREENFIELD – A central-Indiana police lieutenant suspended after being accused of trying to get fellow officers to ticket his ex-wife now...
St. Paul Officer charged with aiding a prisoner through identity theft
by
Doug Erlien –
St. Paul Police Officer has been accused of
using someone else's identity to funnel money to a man in prison. According to
the department, Officer Ruby Diaz started with the St. Paul Police Department
as an intern in 1999.
Diaz
is accused of developing a relationship with Ramone Smaller who is currently in
prison in St. Cloud for attempted murder and was charged Friday with aiding in
multiple drive by shootings last fall. Officer Diaz has been charged with
forging her personal trainer’s identity in order to funnel $1,500 to Smaller’s
account in prison.
“I’ve
always promised we will not leave any stone unturned and we have not,” said St.
Paul Police Chief Tom Smith. “We work with a lot of people and it’s
disappointing information about this officer. But putting all these facts
together we didn’t leave one stone unturned.”
Until
the incident, Diaz hadn’t had any disciplinary action on her record with the
department. Over the years she has been part of the gang unit and most
recently, School Liaison Officer at Humboldt.
The
Hennepin County Prosecutors Office is handling the case to avoid any conflict
of interest. Officer Diaz has been placed on paid administrative leave.
Former cop charged with police impersonation
Theodore
A. Winski, 61, of 124 Jefferson St., Stamford, was arrested June 5 on a charge
of impersonating a police officer.
A
New Canaan police officer running radar at 5 p.m. on Oenoke Ridge saw a vehicle
traveling south with an expired registration, according to the report. The
officer stopped the white 2002 Buick Regal on Luke's Wood Road and as he
approached the driver, he noticed two navy blue police uniform shirts with a
Stamford police patch in the backseat, the report stated. When police asked
Winski where he was coming from, he said he "was on the job in
Stamford," according to police.
The
officer asked the man to see his police identification or badge, police said,
but Winski said he wasn't carrying either. The officer checked the status of
the suspect's license and found it was "suspended indefinitely,"
police said.
Upon
contacting the Stamford Police Department, police learned Winski had been an
officer in Stamford before but hasn't worked there in years, according to the
report.
In
the rear seat of the car, the officer also found a clipboard containing
summonses and police uniform pants, police said.
Wisnki
was issued misdemeanor summonses for operating an unregistered motor vehicle
and operating with a suspended license.
For
the criminal charge, he posted $5,000 bond and is scheduled to appear in court
York police chief suspended 3 days in May because of high-speed pursuit
By
Anna Douglas and Jonathan McFadden
York
Police Chief Andy Robinson was suspended without pay for three days last month
after an internal review uncovered several violations of the city’s pursuit
policy during an April 4 high-speed chase of a stolen car, according to
documents obtained by The Herald on Monday.
In
May, City Manager Charlie Helms suspended Robinson for exercising “poor
judgment” by failing to terminate the chase after some officers violated
pursuit policy, according to disciplinary documents. Robinson was suspended on
May 8, 9 and 12.
The
Herald obtained the disciplinary records of Robinson and three other officers
under the state’s Freedom of Information Act. Robinson declined to comment on
Monday afternoon.
After
the chase ended, the car’s driver was arrested. The State Law Enforcement
Division has conducted a separate investigation into Robinson’s use of force
during the arrest. The S.C. 10th Circuit Solicitor’s Office, of Anderson and
Oconee counties, will determine whether charges should be filed after reviewing
SLED conclusions. The city of York’s disciplinary records do not mention
Robinson’s actions during the arrest.
The
disciplinary records obtained by The Herald on Monday show that York Police Lt.
Dale Edwards was also disciplined for his role in the car chase. Edwards was
suspended on May 8, meaning he went without pay for what would have been a
12-hour shift.
Edwards
also declined to comment on Monday.
York
police officials cited several reasons for Edwards’ one-day suspension,
including that he continued to pursue the suspect “at extremely dangerous
speeds” although the suspect appeared “to do anything to prevent capture.”
During
the pursuit, officers reached speeds of 137 miles per hour, police documents
show.
Two
of the department’s newest police officers received formal reprimands for
violating the city’s pursuit policy on April 4, disciplinary records show.
Officers
Matthew Piper and Trinity Redmond were written up and required to review the
department’s chase policy. Their violations included engaging in the chase
without using emergency equipment such as police car sirens or blue lights,
according to the disciplinary records.
Piper
and Redmond could not be reached by The Herald on Monday.
After
department officials reviewed the pursuit and uncovered policy violations,
Helms and others said officers would be re-trained on pursuit procedures. Also,
Helms will now review all police pursuit evaluation records prepared by the
department, Helms told The Herald on Monday.
Helms
said the April 4 chase was the first violation of the city’s pursuit policy by
both Robinson and Edwards.
York
Mayor Eddie Lee said he did not learn of the disciplinary measures until last
Tuesday when he questioned Helms about it during the city manager’s own
evaluation with City Council. Still, Lee says he thinks Robinson should have
faced a stricter punishment.
“I
would have handled it differently if I had been city manager,” Lee said. “I
think when I learned about the chase on April 4, I would have placed the chief
on administrative leave until the conclusion of the investigation by the
solicitor.”
Helms
has told The Herald he did not place Robinson on administrative leave because
he did not think the allegations warranted such discipline.
Lee
disagrees, saying, “It was a serious violation of the city of York’s pursuit policy
and it had serious questions associated with it about excessive force.”
Pursuit
review: Chase showed ‘poor judgment’
The
recent disciplinary action came after a review of the chase by department
officials and Helms.
The
chase, which happened around midday and began in the city of York, presented
“many opportunities for disaster” and “showed very poor judgment” and
negligence, York Police Lt. Michael Keith Wills wrote in his review.
As
York officers pursued the car thief, there were examples of police acting
carelessly and dangerously, according to several reviews in the evaluation
file. Officers must weigh their decision to chase with the potential danger a
suspect poses to the public, according to York Police Department policy.
One
officer – who officials said then had not been certified by the South Carolina
Criminal Justice Academy – acted “unnecessary and negligent” when he entered
the opposite lane of travel going nearly 100 miles per hour, Wills wrote. He
added that “a collision at this speed head on with another vehicle would have
most likely been fatal.”
Several
reports stated that back-up officers were not given proper supervision or
direction from superior officers during the chase. “Some of the issues may have
been prevented with proper instruction,” Wills wrote.
Jury finds former Miami Beach cop guilty of reckless driving in ATV crash
Derick
Kuilan convicted of reckless driving with serious bodily injuries
MIAMI
BEACH, Fla. -
A
jury has found a former Miami Beach police officer guilty of reckless driving
with serious bodily injuries.
Derick
Kuilan was acquitted Monday on the DUI charges stemming from a 2011 crash in
which he struck and seriously injured two people while joy-riding with a woman
on a police all-terrain vehicle.
Prosecutors
claimed Kuilan was drinking while on duty when he invited a woman at a South
Beach nightclub bachelorette party to take the ATV ride.
Kuilan's
lawyer said he used bad judgment but committed no crime. Kuilan did not
testify.
His
fellow officers waited about five hours to test Kulian's blood for alcohol. His
blood-alcohol content was 0.088, above the state legal limit.
"I
don't wish for anybody to go to jail," victim Kitzie Nicanor said.
"It's just, he had to get something."
Kulian
faces up to five years in prison when he's sentenced.
3 APD officers suspended for accidentally firing weapons
By
Robert Maxwell
AUSTIN
(KXAN) – Two more Austin police officers are off the job for a day after
accidentally discharging their city-issued weapons.
Disciplinary
memos show April 8th, Officer Christopher Anderson’s shotgun fired into the
asphalt during a pre-shift check.
Just
a day earlier, Joshua Muchnikoff’s weapon fired while the officer was unloading
it in the parking lot of the east substation.
Also
that month, April 3rd Officer Mimi Strobo accidently fired her gun at the APD
firing range. We told you then that action also led to a suspension.
We
checked and city records show – including these three in 2014 so far, 13 Austin
officers have fired their weapons unintentionally in the last five years.
Earlier
this year, we told you about added refresher training APD officers are
undergoing.
No
one was hurt in any of the weapon incidents.
EPD Officer Serves Suspension for Neglect of Duty
An
Evansville police officer has received a three day suspension without pay for
neglecting his duties of guarding a prisoner with a history of violence.
Officer
Josh Doane, a veteran of the Evansville Police Department, was suspended in
mid-May at the recommendation of Chief Billy Bolin. On Monday, the Merit
Commission agreed with that punishment.
In
mid-April, Doane was assigned to prisoner detail at St. Mary's Hospital,
according to police records. The detail involves watching over a prisoner to
make sure he or she doesn't escape or have unauthorized visitors bring in drugs
or weapons. The prisoner being guarded has a long history of violent crime and
drug abuse, police said. The
According
to the personnel order notifying Doane of his suspension, investigators
determined that Doane left the prisoner unguarded for an extended period of
time. In that time frame, Doane went to the cafeteria and went outside to his
patrol car. EPD's Information Technology Unit confirmed that Doane had sent
electronic messages from his vehicle's on-board computer at the time he should
have been guarding the prisoner, according to the personnel order. Surveillance
video also showed that Doane was absent from his duty, police said.
Doane
has received numerous honors and commendations in his career. Doane's
suspension is an example of a good cop making a bad decision, said Sgt. Jason
Cullum.
"We
took this very seriously, evident by an unpaid suspension," Sgt. Cullum
said. "But this isn't a case where he went out and violated someone's
rights. We're not talking about criminal acts. This is a department
violation."
Doane
served his suspension in late May, Sgt. Cullum said. Furthermore, officials
don't expect Doane to appeal his suspension because he has taken ownership of
the mistake.
"This
is a good officer. He's been in our department for a number of years now and he
does good work," Sgt. Cullum said. "Unfortunately, he made a bad
decision in this particular case and he'll have to pay for it."
Cop to face charges
A
man arrested while working as a Holcomb, Missouri, police officer will have a
preliminary hearing in July, a judge told him Friday.
Judge
John Spielman set the preliminary hearing for Alvin Roberts for 1 p.m. July 11.
Roberts
was arrested last month by the Missouri State Highway Patrol Drug and Crime
Control Unit after he allegedly warned a female informant she was being sought
by police for burglary.
Roberts
is accused of continuing to be in contact with the woman after he knew a
warrant was issued for her arrest.
He
free on $5,000 bond, but if convicted, he faces up to four years in prison.
Jury to Judge Cops in 'Dapper Groper' Case
By
ADAM KLASFELD
MANHATTAN (CN) - The well-dressed suspect
wrongly accused in a "plague of sexual groping incidents that beset
Manhattan" two years ago can take New York City police to trial for an
arrest that briefly made him a tabloid sensation, a federal judge ruled.
Between March and April 2012, five women
reported similar incidents of a young, tall, white man fondling them and
running away on New York City streets and a subway. Police splashed a freeze
frame from a surveillance video on posters around the city and offered a reward
for tips that led to his capture.
The suspect's dark suit and overcoat
fueled headlines that a "dapper groper," sometimes also described as
the "well-dressed groper" and "gentlemen groper," was on
the loose.
One anonymous tipster led NYPD Detective
Michael Rama to Karl Vanderwoude, a then-26-year-old banker who acknowledged
that he looked like, but insisted that he was not, the man in the footage.
Taken into the precinct for questioning on
April 12, 2012, Vanderwoude said that he offered Rama his Metrocard and his
employer's contact information to confirm his alibi, but that these leads were
ignored.
Rama formally arrested him after one of
the victims picked him out of a lineup, but Vanderwoude claims that he actually
was arrested earlier in the secure interview room.
Weeks later, Vanderwoude produced credit
card statements, sworn witness accounts, computer records and video
surveillance to win the dismissal of his case, but not before being slimed in
the New York Post as a "goon."
The tabloids cleaned up Vanderwoude's
image after his exoneration in articles reporting that he led weekly Bible
studies in his apartment.
Vanderwoude sued the city, Rama and an
unidentified police officer later that year for false arrest, malicious
prosecution, assault, battery and defamation.
On Tuesday, U.S. District Judge Katherine
Failla dismissed all but the false arrest count, which she said hinged upon a
jury's decision on the timing of Vanderwoude's arrest.
"[A]ssuming the jury finds that a de
facto arrest occurred, it is for the jury to decide when precisely this took
place -- be it the moment plaintiff was placed in the interview room and had
his personal items taken from him, at some point thereafter when the conditions
and length of time during which plaintiff was detained triggered a de facto
arrest, or at the moment plaintiff was formally arrested," she wrote in a
44-page opinion.
A pretrial conference has been set for
July 8 to set a trial day.
"We're very satisfied that the judge
said that we could proceed based on the facts of the case," Vanderwoude's
attorney John Tumelty said in a phone interview.
The New York City Law Department declined
to comment in light of the pending litigation.
An attorney named Paul Kraft later
admitted to the groping spree and copped a plea deal that required him to take
18 months of sexual impulse control therapy in the Brooklyn-based Mustard Seed
Program, CBS News reported in May 2013.
Settlement Over False Arrest Of Occupy Protesters
Attorney:
False arrests of protesters a 'symptom of institutional suppression' of speech
and protest by NYPD.
By
Lauren McCauley |
In
a clear rebuke of the heavy-handed tactics of the New York Police Department,
the City of New York on Tuesday agreed to pay $583,000 in damages for the false
arrest of more than a dozen Occupy Wall Street demonstrators on New Years Eve
in 2011.
The
protesters were arrested near midnight in Manhattan for allegedly blocking
pedestrian traffic after marching from a rally in Zuccotti Park. However,
according to the suit, Peat v. City of New York, the police had surrounded the
marchers and prevented them for dispersing.
Hailing
the settlement as an affirmation of the constitutional right to protest,
attorneys with the civil rights law firm Stecklow Cohen & Thompson, who
argued on behalf of the protesters, said: “This systematic false arrest and
misconduct by high ranking NYPD officers is a symptom of an institutional
practice of chilling expressive speech activity and suppressing protest in New
York City.”
“The
police, led by supervising officers, stopped peaceful protesters on the
sidewalk, surrounded them with a blue wall of police, told them to disperse,
and then arrested them before they possibly could,” Attorney Wylie Stecklow
continued. “This was an unacceptable violation of basic constitutional rights
perpetrated by the Bloomberg-Kelly NYPD.”
Marking
the largest single settlement to date for an OWS-related civil rights suit in
New York, the plaintiffs will each receive between $5,000 and $20,000 in
compensatory damages.
“I’m
glad we were able to stand up for our rights and show the NYPD that the law
applies to them, as well,” said Garrett O’Connor, who was one those arrested.
“Now I hope there will be an investigation into the police tactics used against
the Occupy Wall Street movement.”
This
video documents the New Years march and arrests:
Off-duty cop attacks family in Tennessee airport, allegedly tries to steal $1,500 gift card
Ronald
Harris - a 12-year vet with the Memphis Police Department - attacked after the
family received the money from the Make-A-Wish Foundation in the airport on
Saturday, cops said.
BY
JOE KEMP
MEMPHIS
POLICE Ronald Harris ordered held in lieu of $25,000 bond after attempting to
rob a family of a Make-A-Wish Foundation donation.
An
off-duty police officer was arrested after he tried to rob a family of a $1,500
gift card they received from the Make-A-Wish Foundation in a Tennessee airport,
officials said.
The
officer, Ronald Harris, somehow learned that the family was getting the card
before they boarded a flight at Memphis International Airport and charged them
once the handoff was made on Saturday, cops said.
Footage
from a security camera inside the airport shows Harris, a 12-year veteran cop
with the Memphis Police Department, suddenly charge the family and head-butt
one man to the ground, KLTV reported.
A
team of cops arrested Harris a short time later as he tried to run away from
the scene, WREG-TV reported.
He
was later booked on charges that included aggravated assault and robbery. He
was ordered held in lieu of $25,000 bond.
Harris
- who was already on leave to see a psychologist, because he allegedly
threatened to kill his wife - was suspended from his job pending the outcome of
the case, the news station reported.
His
arrests stunned some neighbors, except one man - who said Harris cuffed him for
allegedly slashing his tires.
"It's
karma," the man, who didn't want to be identified, told the local CBS
affiliate. "He sent me to jail and now he's the
Trial date rescheduled for false arrest lawsuit
MASON
CITY | A trial date has been rescheduled for a lawsuit against Cerro Gordo
County and two sheriff's deputies claiming false arrest and imprisonment.
Cody
Kramer, 20, of Hancock County filed the lawsuit against deputies Mitchell Kruse
and Russell Jensen and the county.
A
jury trial has been set for March 17, 2015, in Cerro Gordo County District
Court. It was originally set to start June 3.
According
to the lawsuit, Kruse and/or Jensen allegedly arrested Kramer on Aug. 28, 2012,
and transported him to the Cerro Gordo County Jail where he was detained
against his will for more than three hours.
During
the time he was detained, Kramer allegedly was falsely accused of committing
numerous burglaries in Cerro Gordo County.
According
to court documents, the "unjust imprisonment" caused damages
including deprivation of Kramer's civil rights, humiliation, severe mental
distress, damage to his reputation and exposure to public hatred and ridicule.
Kramer
is also claiming his constitutional rights, including the right to be free from
unreasonable searches and seizures and free from an arrest in the absence of
probable cause, were violated.
Kramer
is seeking an unspecified amount for actual and punitive damages plus interest.
—
Laura Bird
Contractor accuses Chester police officer of false arrest
By
JIM BOYLE
A
Pennsylvania contractor says his civil rights were violated when a Chester
Township
police
officer arrested him based on a client’s accusations of theft, according to a
federal suit filed at the U.S. District Court for the Eastern District of
Pennsylvania.
Carl
Jones, of Chester, Pa., says the police officer refused to consider his side of
the story, forcing him to spend 11 months and $1,500 in litigation before a
county judge dismissed the charges. Jones seeks punitive and compensatory
damages from the officer, his accuser and Chester Township government for four
counts including malicious prosecution and intentional infliction of emotional
distress.
According
to the suit, in May 2012 Jones entered into a contract with a homeowner, Tammy
Strand-Yarbray to repair her outdoor deck and resurface her driveway for
$2,650, with a $350 initial deposit.
When
repairs started on the deck, Jones discovered that the header board had
completely rotted away, meaning the entire deck would have to be replaced,
rather than fixed. Strand-Yarbray decided to cancel the contract, and Jones
said he would refund her deposit by the end of the week, minus $150 for the
work he had already performed.
Two
days later, Jones received a phone call from Chester police officer Richard
Barth, who accused Barth of theft. Jones explained the contract and the details
of the cancellation and told the officer he was refunding Strand-Yarbray’s
money the following day.
Despite
following through the next day and getting a receipt from Strand-Yarbray, a
warrant for Jones’ arrest was issued a month later, with charges of theft by
deception, theft by unlawful taking of movable property and receiving stolen
property. Eleven months later, the plaintiff had been cleared of wrongdoing at
the Delaware County Court of Common Pleas.
Jones
is represented by Joseph Oxman of Oxman, Goodstadt, Kuritz in Chester.
judge has asked the U.S. attorney's office to investigate
DENVER
(AP) — A federal judge has asked the U.S. attorney's office to investigate
whether Denver police officers broke the law when they spoke with a key witness
in a federal civil rights lawsuit, the latest in a series of high-profile
misconduct allegations against Denver police and sheriff's deputies.
Judge
John Kane also wants an investigation into patterns and practices of the police
and sheriff's departments. Court documents released Tuesday confirmed his
request, first made during a Friday hearing in a lawsuit filed by Jamal Hunter.
Hunter
alleges a sheriff's deputy not only failed to protect him during a July 2011
beating by fellow jail inmates but encouraged the attack.
Hunter,
now 39, said he was attacked after his cellmates accused him of snitching. He
said they punched him, tied him up and burned his genitals with hot water from
a spigot.
One
of the inmates who participated in the beating, Amos Page, became a witness in
the civil rights lawsuit. He said in a sworn affidavit that a Denver sheriff's
deputy, Gaynel Rumer, knew inmates were planning the attack and helped
facilitate it.
Among
other allegations, Page said the attack could not have happened without Rumer's
involvement, and the deputy ignored Hunter's screams.
Rumer's
attorney, Thomas Rice, said the deputy denies the allegations. A police
department spokesman declined to comment, citing the pending lawsuit.
Hunter's
attorneys last month sought an emergency hearing after learning that Denver
police internal affairs sergeants Brian Cotter and Brad Lenderink spoke with
Page in prison March 10. Hunter's attorneys said the officers told Page he
could face criminal prosecution if he testifies.
Before
the hearing Friday, Kane listened to a recording of the officers' conversation
with Page and read a transcript, neither of which has been made public.
Kane
said the conversation showed a "deliberate process of intimidation"
of Page, an essential witness in the case.
"All
one has to do to see that is read the complaint and affidavit of Amos
Page," the judge said, according to a hearing transcript. Kane added the
sheriff's department has its own internal affairs unit, and he didn't
understand why police were involved.
An
attorney for the city, Cathy Havener Greer, told the judge she would look into
it.
Kane
wants the U.S. attorney's office to determine whether the officers broke laws
against witness tampering and intimidation.
A
spokesman for the U.S. attorney's office said it has received Kane's request,
but he declined to comment further.
"It's
extremely rare for a judge to refer a case for prosecution to the U.S.
attorney's office," said defense attorney David Lane, who is not involved
in the Hunter case but has other federal civil rights lawsuits pending against
Denver law enforcement. One of them involves a street preacher who died after
Denver sheriff's deputies restrained him in jail.
Lane
and his partner Darold Killmer hope the judge's request will prompt the FBI to re-examine
that case and others.
"He
(Kane) has asked an independent federal agency to take a look at what's going
on in Denver," Lane said. "No judge would lightly refer allegations
of police misconduct to the FBI."
Hunter
attorney Qusair Mohamedbhai said the situation involving Page "only
increases Mr. Hunter's resolve to expose Denver's pattern of corruption and
abuse."
In
the past two weeks alone, three Denver officers have been arrested for off-duty
offenses, including possession of child pornography, domestic violence and
assault stemming from a drunken brawl. The second highest-ranking member of the
sheriff's department resigned abruptly last year and was later indicted on
charges that he stole more than $20,000 worth of tax software from Target stores
by hiding it in bags of dog food.
Remorseless ex-cop talks her way into jail
BY
MENSAH M. DEAN,
A
FORMER Philadelphia police lieutenant, convicted last month of stealing utility
services, talked her way into jail yesterday.
No
other conclusion could be drawn, given that before Aisha Perry started ranting,
Common Pleas Judge Earl Trent had said he didn't think she and co-defendant
George Suarez needed to be jailed. He said they had good character except for
the charges on which they were convicted.
But
instead of being remorseful during her sentencing hearing like most defendants
- including ex-cop Suarez - Perry, 55, went on the attack against Assistant
District Attorney Terri Domsky.
She
called the prosecutor a "liar," and "that woman" who
"is jealous of my lifestyle. She doesn't think I should have the things
that I have," said Perry, pointing at Domsky all the while.
She
said that Domsky had based her case on flawed theory and had tried to give the
jury the false impression that she and Suarez, 56, were dating. She insisted
she was not guilty.
"I
have the highest esteem and the highest respect for this court," Perry
said. "I do not respect her."
Before
sitting down, Perry, who had been on the force 31 years, also told the judge:
"I feel like I'm in a John Grisham novel. That's how upset I am."
Trent,
also appearing upset, asked: "Do you think this is helping you?"
After
saying that Perry showed no remorse and did not accept responsibility, Trent
lowered the boom by sentencing her to six to 23 months in the county jail,
fining her $5,000, ordering her to pay $5,296 in restitution to PECO and giving
her 60 days to surrender her seven guns.
Trent
also ordered Perry to begin serving her sentence immediately, rejecting defense
attorney Tariq Karim El-Shabazz's request for a turn-in date.
Suarez,
who had been a cop for 26 years, offered a short-and-sweet apology for his
crimes. He was sentenced to six to 12 months of house arrest and fined $1,000.
He already had paid $4,833 in restitution to PECO, said his attorney, Brian
McMonagle.
Both
defendants also were sentenced to five years of reporting probation.
An
appeal will be filed, said El-Shabazz.
"She
found it difficult to be remorseful for something that she believed she didn't
do," he said. "She expressed that to me when I talked to her about
the sentencing and what the procedure was. But she was dead set in expressing
the things that she felt she needed to express."
Perry
was convicted of tampering with meters to steal gas and electric services at
her home on Winchester Avenue near Narvon Street, in the Northeast, and at a
rehabilitation center called Clean and Sober Residents, on Girard Avenue near
19th Street, in North Philadelphia. She co-owned the center with Suarez.
Suarez
was convicted ofstealing services at Perry's home; at the center; at a third
property on Tioga Street near 22nd, in Tioga; and at a fourth property on
Devereaux Avenue near Bingham Street, in Crescentville.
Both
defendants were arrested in September 2012.
LaPorte police officer charged with embezzling FOP money
Stan Maddux
LAPORTE
| A LaPorte police officer has been charged with embezzling $7,000 from the
LaPorte Fraternal Order of Police for Chicago Cubs tickets and other personal
expenses.
Mark
Bishop, 32, is charged with Class D felony theft.
He
is scheduled to be arraigned Wednesday in LaPorte Circuit Court.
Bishop
has resigned his position with the FOP and as an officer with the LaPorte
Police Department.
Indiana
State Police on April 24 were brought in to investigate after the bank balance
for the LaPorte Fraternal Order of Police was discovered significantly lower
than anticipated.
Bishop,
as treasurer of the organization, was issued a bank card strictly to carry out
FOP-related financial transactions on the account.
But,
according to court documents, the investigation uncovered personal transactions
by Bishop on the account mostly at local restaurants and bars from March 2013
to April of this year.
The
card also was used to pay for hotel stays in Evansville and Louisville along
with one visit each to Blue Chip Casino in Michigan City and Four Winds Casino
outside New Buffalo, court records disclosed.
There
were many alleged ATM withdrawals with the card along with a $456 purchase for
Chicago Cubs tickets on April 17, 2013.
According
to court documents, Bishop, when confronted by FOP President Robert Metcalf,
said that he was having financial difficulties and after using the card a few
times realized it was "easy and then started to use the card more
frequently."
In
a written apology to FOP members, Bishop called his alleged actions
"stupid and very foolish."
"I
used the card for personal use due to the fact that I wasn't in a good
financial spot in my life," said Bishop, who in his letter used the words
"stupidity and selfishness" to describe his alleged behavior.
Bishop
also told investigators that he intended to pay back the entire sum with money
from his Indiana Public Employees Retirement Fund account.
Charges
were authorized June 3 by LaPorte Circuit Court Magistrate Nancy Gettinger
after she reviewed the findings.
Bishop
was issued a summons to appear for his initial court hearing scheduled for
Wednesday.
LaPorte
County Prosecutor Bob Szilagyi said he requested Bishop be issued a summons
instead of having him arrested when told by investigators that he had the money
to repay the FOP.
He
said a summons being issued for a felony case doesn't happen often, but in this
case discretion was exercised.
"Based
on the fact he was paying it back, I didn't want to issue a warrant," said
Szilagyi.
Bishop
was on the department for almost three years. He could face anywhere from a
six-month to three-year sentence.
The national epidemic of drunk and drugged up cops
Visalia
officer charged with DUI loses job
By
Lewis Griswold
A
Visalia police officer facing trial for driving while intoxicated has lost her
job.
Erica
Martinez, 33, who worked at the Police Department for seven years, "is no
longer an employee of the city of Visalia," said Sgt. Ozzie Dominguez. He
said he could not provide details because it's a personnel matter.
Martinez
was arrested Aug. 4, 2013 after her BMW was involved in a solo-vehicle accident
in Visalia. No one was injured and she was not in uniform.
She
is charged with misdemeanor drunken driving and driving with a blood alcohol
level above .15. A trial has been set for July 15 in Tulare County Superior
Court
Denver officer, wife charged after drunken
brawl
DENVER
(AP) — A Denver police officer and his wife have been charged with assault and
child abuse after a brawl at a cookout.
Arapahoe
County prosecutors on Thursday charged Officer Jeremy Ownbey and his wife Jamie
Ownbey with misdemeanors stemming from the fight May 19. An argument turned
violent between the Ownbeys and another couple after heavy drinking, Aurora
police spokesman Frank Fania said.
The
homeowner, who is also a Denver police officer, asked the Ownbeys to leave, at
which point Jamie Ownbey struck the other wife from behind, Fania said. Then,
the officers started fighting.
Investigators
say the officers acknowledged that they and their wives trade sex partners, but
they denied that sex sparked the brawl. The fight ended when the homeowner
managed to break free and retrieve a gun. Jeremy Ownbey said the other officer
pointed the weapon at him, but police could not prove it, police said.
Jeremy
Ownbey then drove away after a night of drinking but later returned to the home
to talk to Aurora police officers, Fania said. The Aurora Police Department has
launched an internal investigation as to why its officers did not conduct a
sobriety test on Jeremy Ownbey and instead drove him home.
No
arrests were made that night because the case warranted further investigation
by a detective, Fania said.
Both
Denver police officers are on desk duty while that department conducts its own
internal probe, police Cmdr. Matt Murray said.
Prosecutors
say the Ownbeys also left their two young children home alone during the
dinner, prompting the child abuse charge.
There
is no listed number for the Ownbeys. They are due in court July 22.
Passaic
sheriff's officer charged with DWI after allegedly hitting parked cars
By
James Kleimann/NJ.com
TOTOWA
— The Passaic County Sheriff's Office has suspended an officer who allegedly
was drunk when he struck several parked cars in Totowa on Thursday morning,
according to officials.
Patrol
division officer Michael Bove, 35, "struck a traffic control box and at
least three parked vehicles" at about 1:45 a.m. Thursday morning in
Totowa, according to William Maer, a sheriff's department spokesman.
Bove,
who has been with the sheriff's office since December 2012 and makes $44,492
annually, was charged with DWI by Totowa police, Maer said. He was not on duty
at the time of the crash, the spokesman said.
He
has been suspended without pay pending the outcome of the case, Maer said.
Veteran IMPD officer arrested for DUI at
beginning of shift
By
Aaron Castleman
INDIANAPOLIS
- Indianapolis Metropolitan Police Officer Bryan Neal, a ten-year veteran, was arrested Friday evening by an IMPD
supervisor for DUI and sent to the Marion County Arrestee Processing Center.
Officer
Neal was arrested at the beginning of his shift around 11 p.m. at an IMPD
district headquarters and faces a preliminary charge of Operating a Vehicle
While Intoxicated.
Officer
Neal was immediately suspended without pay, and his police equipment
confiscated and his police authority revoked. He will face an internal affairs
investigation by IMPD’s Internal Affairs and Special Investigation Unit.
In
the coming days, IMPD Chief Rick Hite will review the facts of the case and
issue an employment recommendation in accordance with IMPD’s General Orders.
The Marion County Prosecutor’s Office will
review the case and make a final charging decision at a later time.
Court
Date Set for Officer Charged with DUI
HARRISONBURG,Va.
(WHSV)-- The former Corporal Bryan Horowitz has a hearing June 9 at 10 a.m. in
Rockingham County General District Court.
According
to court documents, Horowitz was arrested in Broadway, Va. on May 3, 2014 in
the parking lot of Backstage Video after a Broadway police officer pulled him
over for speeding.The
court can suspend Horowitz's driving privileges for a year if he is convicted.
Off-duty officer arrested for DUI with child
in vehicle, leaving accident scene
Written
by Cami Cox Jim
CEDAR
CITY – Cedar City Police responded to a one-car accident Monday evening in the
parking lot of the Little League Baseball Complex, 300 E. 275 North. An initial
investigation revealed the driver of the vehicle was off-duty Cedar City Police
Officer Jed Prisbey Imlay. Further investigation revealed Imlay was under the
influence of alcohol when he hit a decorative block wall.
“There
was a child with him,” Cedar City Police Chief Bob Allinson said. “At least,
that’s what was alleged at the time.”
Allinson
said witnesses at the scene reported they saw a child in the vehicle with
Imlay, who allegedly left the scene after colliding with the block wall. An
on-duty sergeant drove to Imlay’s home and saw the damaged vehicle parked at
his house. Imlay was taken into custody at his home.
“That’s
when we call Highway Patrol,” Allinson said, “to get an outside agency to
investigate the accident itself.”
Utah
Highway Patrol was called in to the handle the crash. A statement from UHP,
released Tuesday, said the Iron County Attorney will turn the case over to an
outside prosecuting agency to avoid conflict of interest.
Imlay
was charged with leaving the scene of an accident, a class-B misdemeanor, and
driving under the influence of alcohol with a child in the vehicle, a class-A
misdemeanor. He was booked into Washington County’s Purgatory Correctional
Facility on $2,213 bail.
Allinson
said there was minimal damage to Imlay’s car and also minimal damage to the
block wall.
Imlay
posted bond and has been released from Purgatory, according to information from
the Washington County Sheriff’s Office website.
Persons
arrested or charged are presumed innocent until found guilty in a court of law
or as otherwise decided by a trier-of-fact.
Sheboygan Police Dept. releases statement on
off-duty officer OWI arrests
By
FOX 11 NewsPublished: June 12, 2014, 3:44 pm
SHEBOYGAN
– The Sheboygan Police Department is reinforcing the seriousness of drinking
and driving.
It
comes after two of its off-duty officers were arrested for operating while
intoxicated in December.
After
a months-long investigation, one of the officers was suspended without pay for
30 days. The other was suspended for 15 days.
The
department released a statement Thursday, it reads in part:
“The
Sheboygan Police Department understands the importance of earning and
maintaining the public’s trust. Actions by department members that damage this
trust will not be tolerated. We are committed to building strong community
relationships and demonstrating our trustworthiness on a daily basis.”
Husband and Wife Cops Arrested for Drugs in
San Diego
Michelle
Moon
San
Diego police officers, husband and wife Bryce and Jennifer Charpentier, were
arrested for alleged involvement in sales, transportation, and possession of a
controlled substance.
The
husband has reportedly been abusing prescription drugs since an injury ended
his hockey career, a source told 10 News.
Bryce
is a six-year veteran of the San Diego Police Department while his wife
Jennifer is an 18-year veteran. Conflicting comments about the couple’s conduct
over the past few months range from withdrawn and strange, noted by the 10 News
source, to quite visible within their community.
This
news comes after widespread issues of police misconduct in 2011 began to erode
public faith in the police department. Police Chief at the time, William
Lansdowne apologized and said, "I clearly understand that this activity,
conduct ... (of the) officers involved in these cases has tarnished the image
of this police department." He added, "We'll work hard to repair
that, but it'll take years to rebuild that relationship, I believe, between us
and the community of San Diego," according to CBS8.
The
day following the chief’s apology, another officer was arrested on charges of
rape, assault, and kidnapping, CBS8 also eported. Ten cases of impropriety or
criminal behavior among SDPD personnel were reported in the three months prior,
resulting in six arrests at the time of the chief’s apology.
The
U.S. Justice Department launched an investigation into the SDPD in March that
is projected to last six to eight months. The investigation was requested by
former SDPD Chief Landsdowne, reported Fox5 San Diego in March. The U.S.
Attorney’s office and FBI are also looking into criminal activity within the
department. Fox5 relayed U.S. Attorney Laura Duffy’s comments on the
investigation: “The review itself will focus primarily on police misconduct
overall, with an emphasis on sexual misconduct by on-duty officers.”
Shelley
Zimmerman took over for Landsdowne in March of this year. Now Zimmerman faces a
new case of alleged police misconduct. With a background that includes
extensive investigative work and experience in the narcotics division,
Zimmerman should be well-equipped to address the situation. According to ABC 10
News, she is cooperating with the Sheriff’s Department and was briefed on the
situation by Sheriff Bill Gore.
Ball State officer resigns day after arrest
Eric
Reffitt, 30, was arrested for criminal recklessness and public intoxication
after a fracas at the Joker's Wild
Douglas
Walker
MUNCIE
— Eric Reffitt resigned from his job as a Ball State University police officer
on Thursday, a day after he was arrested for his role in a fracas at a
southside strip club.
A
university spokesperson confirmed about 4:30 p.m. that Reffitt, a BSU police
officer since April 2008, had resigned.
Prosecutors
said they would likely decide Friday what charges would be filed in connection
with an incident early Wednesday at the Joker's Wild that allegedly saw an
intoxicated Reffitt wave a knife, causing minor injuries to a friend.
Both
men were participants in a bachelor party at the southside tavern.
EARLIER:
“You do this job, and you know you can’t act like this,” a Muncie police
officer told Eric Wayne Reffitt, an off-duty Ball State University officer,
during a disturbance outside a southside strip club early Wednesday.
By
that point, however, the advice offered to Reffitt, 30, of rural Albany, likely
came too late.
The
BSU officer — whose blood-alcohol content was later measured at 0.234 percent,
nearly three times the legal limit for motorists — allegedly cut a friend on
the stomach and hip while waving a knife in Joker’s Wild cocktail lounge, 2206
S. Madison St.
Witnesses
said Reffitt then walked across the street to the Taco Bell restaurant — at
that hour serving only drive-through customers — and displayed his police ID,
demanding entry.
Refitt
— who was attending a bachelor party at the strip club — also reportedly was
less than cooperative with on-duty officers called to the scene, allegedly
threatening to shoot two of them.
He
was taken to the Delaware County jail, preliminarily charged with criminal
recklessness with a deadly weapon and public intoxication. He later was
released after posting a $5,000 bond.
A
Ball State spokesperson said Wednesday afternoon that the circumstances leading
to Reffitt’s arrest were under review.
City
police were called to the Taco Bell, 2201 S. Madison St., at 1:42 a.m. after
employees reported a “highly intoxicated subject” was outside. A restaurant
manager told officers that the man, later identified as Reffitt, “showed up
outside the business and was knocking on the outer door and making a ruckus.”
“Reffitt
was placing his police credentials up against the glass and yelling something
about being a cop, all while talking on the phone,” according to an affidavit.
An
officer wrote that Reffitt, with slurred speech and while “struggling to
maintain his balance,” was “rambling on about someone starting something with
him (at the Joker’s Wild).”
The
tavern’s bouncer said Reffitt had shoved a bartender before leaving.
The
bartender, who was acquainted with Reffitt, said the BSU officer “got upset all
of a sudden, stating that two guys were trying to steal money from him, and
then drew his knife and started waving it around wildly.”
Another
member of the bachelor party — who repeatedly told officers he “didn’t want
anything to happen to Eric” — said the BSU officer had accidentally struck him
with a knife Reffitt began waving after “someone in the bar said something to
Eric that got him aggravated,” the affidavit said.
An
officer wrote that that man was wearing two shirts, and that Reffitt’s knife
“went through both shirts and left a long scratch on (the victim’s) right
abdomen and hip.”
Another
officer noted two other injuries, a small cut with “fresh blood ... just above
the hip bone area” and a second scratch.
“I
don’t want him to get into trouble,” the victim said. “He’s just drunk.”
Outside,
police said Reffitt became “extremely belligerent and acted out toward
officers” before he was handcuffed.
One
officer said Reffitt told him to keep two other officers away from him “or I’m
going to shoot their ass.” However, the off-duty officer was found to be
carrying only a folding knife, not a firearm.
Reports
also reflect Reffitt at first refused to take a breath test to measure his
level of intoxication, but complied after a Ball State University police
sergeant arrived at the scene.
Reffitt
joined the university police department in April 2008
Atlanta police officer charged with DUI
By
Rhonda Cook
An
Atlanta police officer is on adminsitrative leave pending an investigation into
Gwinnett County charges that he was driving drunk.
Officer
Daryl Vann, on the APD force for three years, was charged early Monday with
DUI, speeding and improper lane change after he was pulled over just north of
Pleasant Hill Road on Interstate 85, driving more than 20 miles over the speed
limit, according to a report released Thursday.
According
to the report, a member of the DUI Task Force saw a grey Nissan Altima weaving
and speeding around 2 a.m. The Gwinnett officer followed the sedan for a while
before pulling him over, the report said.
The
report said Vann failed a field sobriety test — following the officer’s finger
with his eyes, standing on one leg and walking heal to toe. He was given a
breathalyzer later, showing a blood alcohol content of .1, which is above
the.08 that state law says is legally drunk.
Vann
told the officer he was rushing home after have several beers — he couldn’t
remember how many.
“During
the evaluation the driver asked for professional courtesy and I advised him
that was not an option,” the Gwinnett officer wrote. “I advised him that I had
previously arrest(ed) other officers for DUI and there was no officer
discretion when it came to DUI.”
The
officer said he saw Vann’s police ID as he was retrieving his driver’s license.
Sheboygan cops suspended for drunken driving
Two
off-duty Sheboygan police officers who were convicted of drunken driving last
month have since been been suspended without pay.
Sheboygan
Police Chief Christopher Domagalski said in a news release Thursday that the
suspensions were issued after the officers’ cases concluded May 28 in
Sheboygan-Kohler Municipal Court.
One
officer, Ryan Walloch, 25, received a 15-day suspension, while his colleague,
Stephen Schnabel, 35, was suspended for 30 days, according to the release.
Municipal
Court officials on Thursday refused to release information to a Sheboygan Press
reporter on the outcome of the officers’ cases Thursday without a formal
written public records request that would have to be approved by Municipal
Judge Catherine Delahunt.
First-offense
drunken driving cases typically result in a fine and license revocation.
“The
Sheboygan Police Department understands the importance of earning and
maintaining the public’s trust,” Domagalski said in the release. “Actions by
department members that damage this trust will not be tolerated. We are
committed to building strong community relationships and demonstrating our
trustworthiness on a daily basis.”
The
officers were arrested Dec. 5 after a late-night accident at the corner of
Superior Avenue and North Taylor Drive. Both were off-duty and in their
personal vehicles when one driver rear-ended the other at the blinking red
light.
An
arrest report showed that Walloch’s preliminary blood alcohol content was 0.10
and Schnabel’s was 0.23, both more than the legal limit of 0.08.
Both
officers were cited for first-offense operating while intoxicated and operating
a motor vehicle with a prohibited alcohol concentration. They were placed on
administrative duties following the arrest but were back on active duty several
days later pending an internal investigation.
The
investigation, which was completed after the court cases concluded, found that
both officers had violated department rules.
The
officers’ work records and the seriousness of the offense were taken into
consideration when issuing the suspensions, Domagalski said.
Domagalski
said both officers have expressed remorse, apologized and taken responsibility
for their actions.
Denver cop's bizarre DUI bust, 2-year desk
duty has chief advocating for disciplinary changes
Officer
can't drive patrol car for 2 years
Alan
Gathright
DENVER
- A Denver Police officer's bizarre DUI arrest and his sentence resulting in
two years of desk duty has Police Chief Robert White advocating for a change in
departmental disciplinary rules.
The
chief's concerns were highlighted by the 2013 DUI arrest of Denver Police
Officer Aaron Wade Egger, who told a Thornton Police officer that a friend he
only identified as "Good buddy" was driving and took off after the
car crashed.
A
witness called 911 in the early-morning hours of July 4 last year to report
that a man driving a Black Nissan Maxima had driven up on the curb and almost
hit a fence and then veered across the roadway and slammed into the other curb,
according to a police report. The impact blew out the front right tire and bent
back the front right fender until it was blocking the passenger door, police
said.
A
Thornton patrol officer arrived to find the Maxima straddling two northbound
lanes of Holly Street at East 118th Avenue.
A
man wearing a red shirt and shorts, later identified as Egger, was leaning on a
fence on the side of the road.
The
officer asked what happened and Egger replied, "Somebody hit us."
Seeing
no one else around, the officer asked who was in the Maxima, and Egger replied,
"Me and my buddy." Asked where his buddy was, Egger said, "He
took off" and took the keys to Egger's car with him.
Yet,
when the officer asked the 32-year-old Egger where he wrecked, he replied,
"I hit something over there," pointing toward East 120th Avenue.
"I
asked Aaron what his good buddy's name was. Aaron said, 'Good buddy,'" the
police report stated.
The
witness, however, said the driver was the only person in the car.
The
Thornton officer's report said Egger had a strong odor of alcohol, slurred
speech, bloodshot eyes and he was so unsteady on his feet that he almost fell
over during the field sobriety test. When the officer asked for his driver's
license, Egger dug around in his wallet and handed him a credit card.
The
officer twice noted that Egger was "acting strange." He kept rigidly
standing at attention "like someone in the military," despite the
officer repeatedly telling him he could relax.
When
the officer asked if Egger had been in the military, he replied, "Yes sir.
82nd Airborne sir."
The
officer arrested Egger for DUI and patted him down, finding the Maxima keys in
his pocket. Police also recovered a 12-gauge pump shotgun with 44 rounds of
ammunition from Egger's car.
A
breath test showed Egger had a blood-alcohol level of .201 -- more than twice
the .08 threshold for being driving under the influence under state law.
In
November, Egger pleaded guilty to DUI and prosecutors dismissed a careless
driving charge, court records show.
With
his high intoxication level, Egger was deemed a persistent drunk driver under
state law.
A
judge ordered Egger to use an ignition-interlock device on his car for two
years, said Denver Police spokesman Cmdr. Matt Murray. A driver has to blow
into the device to ensure he doesn't have an elevated alcohol level. If he
does, the car won't start.
Egger
was also sentenced to one year in jail, which the judge suspended, and ordered
to serve one year of probation and 48 hours of community service.
After
his criminal case was resolved, the police department gave Egger a 6-day
suspension earlier this year.
However,
the ignition-interlock requirement posed a new challenge for the police
department. Officials said they would not install the device on patrol cars.
Instead,
Egger had been assigned to desk duty for two years, Murray said.
"The
chief is concerned about the current [discipline] system when an officer can't
drive for two years and the impact that that has on the community and the
police department," Murray said.
However,
the department's disciplinary matrix, enacted in 2008, requires consistent
punishment. So an officer can't face a more severe penalty for the same
violation that officers were given in the past.
Chief
White, who has long been concerned about officers who commit DUI offenses,
began advocating earlier this year for a change in the disciplinary matrix, to
allow the department to deal with things like ignition-interlock requirements
and other changes in the law.
"It’s
a bigger picture" issue than one cop's DUI, Murray said. "What's the
right thing to do for the city, for the community, for the officers? We have to
come up with a reasonable standard that meets the new rules and be
adaptable," Murray said.
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