Spartanburg Police Officer Arrested for DUI
Spartanburg
Co. (WLTX) A Spartanburg police officer was arrested for DUI Friday afternoon
after being involved in a traffic accident, according to the S.C. Highway
Patrol.
Lance
Cpl. Bill Ryme with the Highway Parol says that around 11:35 a.m. on Friday,
Derrick Canada, 36, was driving his 2010 Chevy Impala patrol car on SC 56 when
he attempted to make a turn on SC295 and lost control of his vehicle and struck
a tree. He was wearing a seatbelt.
Canada
was taken to the hospital for non-life threatening injuries and was charged
with a DUI.
According
to WSPA, police say he was on duty at the time of the accident and he has been
placed on administrative leave pending the outcome of an investigation by the
Highway Patrol.
Cop arrested after threatening woman with knives in his home: police
Officer Vite Eduardo, 47, was
arrested Friday after court documents say he pointed to kitchen knives and
asked the woman in his Manhattan residence on Sept 26: 'Which one would you
like on you tonight?'
BY CAITLIN NOLAN
A callous city cop offered his
terrified victim a choice — she could pick the weapon he would use to harm her,
authorities said Saturday.
Officer Vite Eduardo, 47, was
arrested Friday after threatening the woman inside his Manhattan home, police
said.
“Which one would you like on
you tonight?” he asked Sept. 26 while pointing to kitchen knives, court
documents say.
He lost it again Oct. 6 and
wrecked two doors in his home, the woman told police. Eduardo was charged with
criminal mischief, harassment and menacing and was released on his own
recognizance Saturday.
Couple Says Cops Roughed Them Up Outside of Pre-School
By MONICA PAIS
MIAMI (CN) - A Miami-Dade County couple
was roughed up and arrested in front of their son's preschool, after officers
angrily mistook them for someone else, a lawsuit claims.
In their county circuit court complaint,
Lourdes Alvarez-Mena and her husband, Darren Todd Mena, say there was nothing
unusual about the scene outside the Pre-Tech Academy in Miami on the afternoon
of August 20, 2012.
A line of cars sat idling outside the
school, and after Darren Mena pulled into the first available slot, his wife
went inside to retrieve their three year old son.
At this point, the couple says, the
defendant detectives, Miguel Garcia and Evelyn Gaus, decided to park their care
in a location obstructing the parent pick-up line "for the sole purpose of
socializing with an individual unrelated to any school function."
The care the detectives were sitting in
was unmarked, and neither was wearing a uniform.
"Apparently someone in line, not
Darren Todd Mena and Lourdes Alvarez-Mena, honked their horn in a single
appropriate manner to alert Detectives Guas and Garcia, of the obstruction and
the delay they were causing," the couple says.
When the detectives failed to move out the
way of parents attempting to leave the front of the school, Mena says he pulled
out of the pick-up line and into a contiguous handicap-designated parking
space.
"Detective Garcia then exited his
vehicle and approached Plaintiff Darren Todd Mena's vehicle in a profane and
aggressive manner," the plaintiffs say.
They say Garcia demanded that Mena produce
his license, registration and handicap certificate, and after he did, Garcia
then proceeded to forcible pull Mena out of the car.
"Please imploring Detective Garcia to
explain his behavior were met with the statement, 'I don't give a f---, I'm
going to arrest you,'" the couple says.
Garcia is alleged to have thrown Mena to
the ground, cuffed him and placed him under arrest.
In was precisely at this moment that
Lourdes Alvarez-Mena says she existed the school with their son.
According to Alvarez-Mena, she rushed to
scene and asked what was going on. She says Detective Gaus responded by telling
her to "shut the f--- up" and by pushing her against the car.
The couple says the next thing they knew,
Alvarez-Mena was being thrown to the ground and cuffed next to her husband.
The couple says they were arrested without
cause, and that the criminal charges filed against them by the detectives were
thrown out.
The Menas say they've suffered greatly as
a result of being "brought into public scandal with great
humiliation" and that they've experience mental anguish as a result of the
damage done their reputations.
They seek unspecified compensatory damages
and court costs on claims of malicious prosecution, false arrest, battery, and
loss of consortium.
The couple is represented by Robert
Rossana and Michael Seth Cohen of Coral Gables, Fla.
Buffalo police officer fired for allegedly threatening to kill woman
Saw car parked outside her
boyfriend’s home
By Lou Michel
Buffalo Police Officer Ann
Vanyo, while on duty about two years ago, allegedly threatened to kill a woman
she thought was making moves on her boyfriend, who is also a Buffalo police officer.
An independent hearing officer
who presided over the 42-year-old Vanyo’s July 23 disciplinary hearing ruled
last week there were grounds for her dismissal and fired her.
The decision to fire Vanyo is
extremely unusual, according to police and former PBA officials.
“It’s extremely rare, no,
almost unheard of, for an arbitrator to dismiss a police officer. There is a
much heavier burden of proof on the employer to justify proving an egregious
act or acts for termination,” a former police union representative said.
PBA President Kevin Kennedy
said protocol for the disciplinary procedure was followed.
“You hate to see someone lose
their job, but we followed what was agreed to,” Kennedy said.
Police sources say Vanyo
allegedly left her patrol sector and drove to a bar where the woman worked.
When she found that the woman was not there, she allegedly went to the woman’s
home but the woman did not come out of the house. Vanyo then allegedly called
the woman on the phone and made the threat.
When department officials
learned of her actions, she was brought up on departmental charges for that and
other alleged violations of department policies.
An agreement reached last
spring between the Buffalo Police Benevolent Association and City of Buffalo
calls for accepting the decision of hearing officers in disciplinarian matters
as final and binding.
Police Commissioner Daniel
Derenda declined to comment because it is a personnel matter, and he is legally
barred from publicly addressing it.
Vanyo, a 17-year department
veteran, expressed outrage over the allegations against her, saying she never
threatened the woman. She conceded that she did phone the woman.
“It didn’t happen. There was
never any threat,” she said. “Commissioner Dan Derenda doesn’t like me. I don’t
know why Dan Derenda is trying to ruin my life.”
In outlining a broader scenario
of why Vanyo was canned, attorney Steven M. Cohen, who met with her Saturday,
said she has become a target of the city for her willingness to corroborate
claims that his client, James Mazzariello, was a victim of corrupt cops
demanding payments from Mazzariello’s tow truck operators and other operators,
rather than the instigators of the payoffs.
“Ann Vanyo was oppressed and
abused because of her willingness to tell the truth about the shakedowns. She
wasn’t happy about talking about fellow officers, but if subpoenaed, she would
tell the truth,” Cohen said.
Mazzariello, who operates Jim
Mazz Auto in Lovejoy, was federally indicted for bribing police officers in
order to tow vehicles in the city, all of which occurred at around the same
time Vanyo was willing to speak out, the attorney said.
Mazzariello is also suing the
city for its failure to end the corruption he and Cohen say they have been
complaining about to city officials as far back as 2005.
In explaining Vanyo’s contact
with the woman she believed was trying to steal her boyfriend, Cohen said,
Vanyo was distraught when she spotted the woman’s car parked outside her
boyfriend’s home in the middle of the night a couple of years ago.
He says Vanyo did later call
her, asking why she was at the boyfriend’s home, but never threatened the woman.
The woman later reported
Vanyo’s call to police but never mentioned any threat. However, in a subsequent
meeting with an Internal Affairs investigator, the woman claimed Vanyo
threatened to kill her – a point Cohen says is odd because it would stand to
reason she would have mentioned the death threat in the initial complaint to
police.
Cohen says if there was any
validity to the death threat, Vanyo would have been arrested, “and that never
happened.”
And while Derenda says he
cannot comment on the personnel case, he has repeatedly said that he will not
tolerate corrupt police officers and has worked with federal prosecutors in
pursing multiple investigations to remove them from the police force.
Cohen added that he has
strongly urged Vanyo to sue the city for reinstatement of her job. Vanyo said
she has every intention of regaining her job “because it is my life.”
She said two previous
arbitration rulings ordered the city to return her to work, but the city
ignored the orders.
Yet Vanyo had a history of trouble
that was also taken into consideration, police brass said. It included previous
allegations of violence, including a fistfight with a female lieutenant several
years ago, according to police familiar with her tenure.
“This was long overdue,” a police
official said of the firing.
An officer who was Vanyo’s
patrol car partner at one time said, “She had it coming to her.”
But Vanyo had been widely
publicized for her strong police work and arrests of armed suspects over the
years.
“She had really good instincts
as a police officer,” the former patrol partner said, “but unfortunately she
would often bring other personal problems to work with her.”
Hearing officer Jeffrey M.
Selchick, who is an attorney, in his ruling, found Vanyo guilty of failing to
follow departmental rules under “devotion to duty”; violating requirements
under “reporting for duty”; and violating rules pertaining to “conduct” of an
officer.
Before she was fired, Vanyo had
previously filed complaints with the state claiming the department had
discriminated against her. That case is pending before the state Division of
Human Rights.
Concerns police officials have
had over the years regarding Vanyo’s behavior include:
• A 2009 incident in which
Lancaster police charged her with harassment after she allegedly chased and
punched a process server. That case was later adjourned in contemplation of
dismissal.
• A 2010 fight with her
supervising lieutenant that led to disciplinary action. Vanyo was suspended
with pay after the altercation. Vanyo was accused of biting the lieutenant in
the
hand. In response, Vanyo
claimed the lieutenant punched her in the mouth.
Vanyo returned to work and sued
the city in U.S. District Court. The case was settled in 2012 with the city
paying Vanyo $6,000. As part of the agreement, the city and the lieutenant did
not admit any guilt.
• A more recent incident
happened at the Erie County Holding Center alleging Vanyo grabbed a female
prisoner by the neck.
Vanyo’s name also surfaced in a
bizarre public departmental disciplinary trial in 2007 against former Buffalo
Police Officer Cariol J. Horne, who was fired in 2008. Horne was brought up on
charges for jumping on the back of another police officer who was attempting to
make an arrest.
Horne said she took the action
because she thought the officer was choking the suspect. Vanyo pulled Horne off
the officer’s back.
Horne, fired one year shy of
being able to collect a half-pay pension at 20 years, has asked the Common
Council to grant her pension benefits. Council members are reviewing Horne’s
request in light of a recent indictment of police brutality in an unrelated
incident brought against the officer whom Horne had leaped on top of. That
officer is now retired.
Vanyo vows to continue to fight
her dismissal.
“They’ve got everything wrong.
Ask any of my supervisors and they will tell you I was a great worker,” she
said. “I love my job. It’s my life and I am going to get it back.
Ex-cop accused in Coral Gables traffic death wants case dismissed
BY DAVID OVALLE
Three years after he was
charged in a wee hours car wreck in Coral Gables that killed a young paralegal,
ex-cop Peter Muñoz wants a judge to dismiss his criminal case.
The former Coral Springs police
officer is making the request after a Miami-Dade judge, in a little-noticed decision,
tossed out evidence that showed Muñoz was drunk, with blood alcohol measuring
nearly three times the legal limit.
The decision forced prosecutors
to drop a DUI manslaughter charge. Now, Muñoz is asking the same judge to throw
out the remaining charge of vehicular homicide in the death of Jennifer
Gutierrez, a 23-year-old mother and student.
The case is scheduled for a
court hearing on Friday.
Muñoz was driving his
Volkswagen south on LeJeune Road in July 2011, just after 4 a.m. He plowed into
Gutierrez, driving a BMW, who had entered the intersection while trying to make
a left from Aledo Avenue north onto LeJeune.
Gutierrez, a Miami-Dade college
student, was rushed to Ryder Trauma Center and died less than two hours later.
Muñoz, 27, was hospitalized. A
toxicology report showed he had a blood-alcohol level of .229, nearly triple
the legal limit. Gutierrez, who was driving on a suspended license at the time,
also had evidence of Xanax and cocaine in her system.
Coral Springs police fired
Muñoz soon after the crash.
Several months after he was
charged, his defense attorneys attacked the validity of the search warrant,
executed by rookie Coral Gables traffic homicide investigator Jesus Rodriguez,
for blood vials at the hospital.
Miami-Dade Circuit Judge Dennis
Murphy agreed with the defense that the detective, in a search warrant, should
have included the fact that there was a six- to eight-foot hedge that might
have obstructed the sight of the woman pulling into the intersection. The State
Attorney’s Office, in October 2012, had to drop the DUI manslaughter charge.
Sally Matson, a victims
advocate for Mothers Against Drunk Driving, said the group joins Gutierrez’s
family “in their sadness when a case is compromised by a technicality.”
“MADD is way too familiar with
cases where a life is lost for a 100-percent preventable crime,” Matson said.
“It is especially disappointing when an officer who was sworn to protect and
serve made the choice to commit a crime which resulted in the loss of an
innocent life.”
The case lingered for months as
both sides hired accident reconstruction experts to examine the evidence.
In May, Muñoz’s lawyer asked
the judge to dismiss the final charge, saying his speed was no more than 16
miles per hour over the 40 mph speed limit — not enough to convict on a
vehicular manslaughter charge.
“The death of Ms. Gutierrez was
not caused by the defendant’s operation of his motor vehicle in a reckless
manner likely to cause [death],” attorney Alan S. Ross wrote in his motion.
In the past, Florida courts
have thrown out vehicular homicide convictions based chiefly on a high rate of
speed.
Earlier this month, an appeals
court tossed out the conviction of Luis Luzardo, who had been speeding in
daylight on Tamiami Trail when a carload of tourists tried to make a left turn
into an amusement park. Luzardo tried to veer but still hit the car, killing one
British woman.
The appeals court said that
Luzardo might have been negligent or careless but that the case did not reach
the proper “level of recklessness.”
In Muñoz’s case, prosecutors
say jurors should decide whether Muñoz is guilty.
The ex-cop was reckless because
he was actually speeding at 65 mph — all while “weaving in and out of lanes” in
the dark that morning, according to the state’s expert and witnesses.
“All these facts, taken
together, show ... the defendant operated his vehicle in a grossly reckless
manner without the safety of others,” prosecutor Beatrice Gonzalez wrote.Grand jury indicts ex-police chief of Walbridge
Written by Kelly Kaczala
The Lucas County grand jury
recently indicted a former police chief of Walbridge for gross sexual
imposition.
Timothy Villa Sr., 67, of 6960
Kinsman Drive, Sylvania, was indicted on October 8 for allegedly engaging in
sexual contact with a female employee of Data Research, Inc., 5650 West Central
Avenue, Suite D, Sylvania. Data Research, Inc., is a private investigation firm
owned by Villa, according to Jeff Lingo, chief of the criminal division with
the Lucas County prosecutor’s office.
“The incident allegedly
occurred at his place of business this year on June 16,” Lingo told The Press
last week.
The case will be assigned to a
judge and to a prosecutor before it is set for arraignment, according to Lingo.
“He will enter a plea to the charge, then the case will go forward, just like
any other criminal case.”
Conviction of sexual imposition
is a felony, he said.
The Ohio Bureau of Criminal
Investigation, which is run by the Ohio attorney general’s office, investigated
the incident, said Lingo, because Villa was a former police officer in Sylvania
Township several years ago.
“To prevent the appearance of
impropriety, it was felt to let an outside agency do the investigation, which
makes perfect sense,” said Lingo.
Villa had been a police officer
in several northwest Ohio communities before he was hired as chief in
Walbridge.
He came under fire shortly
after becoming chief when village council learned he had been dismissed as a
Walbridge police lieutenant in 1978 for alleged infractions that included
insubordination and unauthorized absences. Mr. Villa at the time filed suit and
settled out of court with the village for $1,500.
Council had asked Villa to
resign in June, but he refused to go.
Meanwhile, a growing number of
residents had called or his dismissal at packed council meetings, particularly
after a series of investigative articles appeared in The Press that detailed
Mr. Villa's sketchy career as a police officer in other communities where he
had served, including Elmore, where he was fired for allegedly making false
reports and for conduct unbecoming a police officer, and Sylvania Township,
where he resigned after allegedly making a false arrest of a teenaged clerk.
Criticism of Villa rose after a
background check of a police officer he had recommended for hire in Walbridge
failed to show the cop was fired from the Holland police department for
allegedly making sexual comments to several women, many of whom had filed
lawsuits. The officer’s name was dropped from consideration after The Press
obtained an internal affairs investigation report of the officer in Holland and
broke the story about the accusations against him.
After four months, Villa
resigned as chief, but not without getting $21,000 as part of a severance
agreement from the village.
Mr. Villa's nearly four month
term as police chief of Walbridge was the shortest on record.
Villa later filed a civil
lawsuit against the Village of Elmore and Sylvania, as well as The Press
Newspapers, but it was dismissed.
Former Police Officer and School Administrator Charged with Violating Federal Child Sex Abuse Laws
Other School Officials Charged
with Failing to Report the Abuse
U.S. Attorney’s Office
September 29, 2014 • Western District of Kentucky (502)
582-5911
LOUISVILLE, KY—A federal grand
jury charged a Grayson County, Kentucky, man with violating federal laws
designed to protect children from sexual abuse as well as
threatening/intimidating a witness. The grand jury also charged several other
school officials with failing to report the abuse, announced David J. Hale,
United States Attorney for the Western District of Kentucky.
Stephen E. Miller, age 44,
previously worked as a police officer in Leitchfield, Kentucky. He resigned the
position following complaints of inappropriate sexual activity toward two
women. Miller then began working at Bluegrass Challenge Academy, a residential,
educational program run by the Kentucky National Guard, located on Fort Knox
Military Base. Miller had supervisory authority over the Academy students. He
is charged with engaging in sexual contact with three students, including an
incident of aggravated sexual abuse with one of the three. The incidents
occurred between February and August, 2013. The Indictment also charges Miller
with attempting to threaten or intimidate the third student to prevent her from
reporting the matter to law enforcement.
Additionally, the grand jury
charged school officials, John W. Smith, Leroy Burgess, Jr., Kemmye S. Graves,
Rolanshia Windom, Rita Carthen, and Gabriel Onusko with failing to report the
first incident of abuse to law enforcement officials, as required by federal
law.
If convicted, Miller faces a
maximum sentence of life in prison, a fine of up to $1,250,000 and at least
five years of supervised release. The remaining defendants, if convicted, face
maximum sentences of one year in prison, a fine of up to $100,000 and up to one
year of supervised release. Miller is being held in the custody of the United
States Marshals Service.
Assistant United States
Attorneys Jo E. Lawless and Stephanie Zimdahl are prosecuting the case. The
Federal Bureau of Investigation (FBI) with assistance from the Army Criminal
Investigation Division conducted the investigation.
Chief of Police Sentenced for Color of Law Violation
U.S. Attorney’s Office
September 29, 2014 • Northern District of Mississippi
(662) 234-3351
OXFORD, MS—Felicia C. Adams,
United States Attorney for the Northern District of Mississippi, and Johnnie
Sharp, Acting, Special Agent in Charge (SAC), Federal Bureau of Investigation
(FBI), announced today that Jimmie Johnson, age 31, former Tutwiler, Mississippi,
Police Officer and former Chief of Police of Webb, Mississippi, was sentenced
by Chief U.S. District Judge Sharion Aycock to serve twenty (20) months in
prison, followed by two (2) years of supervised release, after pleading guilty
of violating a federal civil rights statute. Johnson was also ordered to
complete fifty (50) hours of community service. In addition, Johnson agreed to
never seek future employment in law enforcement.
Johnson was indicted on October
31, 2013, for an incident which occurred in February of 2012, while he was
employed as a captain with the Tutwiler, Mississippi, Police Department. On
March 25, 2014, Johnson pled guilty to Count One of the indictment, which
stated that while acting under color of law, Johnson assaulted an individual by
striking him in the face with his fist, causing bodily injury, and thereby
willfully depriving that individual of the right to be free from the use of
unreasonable force by a law enforcement officer, in violation of Title 18,
United States Code, Section 242.
U.S. Attorney Felicia C. Adams
stated, “Johnson’s actions were reprehensible. He abused his authority,
violated the law and the public trust. Today’s sentence demonstrates that such
actions undermine the rule of law and will not be tolerated. While the majority
of law enforcement officers are hardworking professionals who risk their lives
daily for our safety, the U.S. Attorney’s Office is committed to aggressively
prosecuting those officers who break the law and violate the public trust.”
A/SAC Sharp stated: “Every citizen has the right to expect law enforcement
officers to act in accordance with the laws they have sworn to uphold. We
entrust law enforcement officers with certain powers and authority, which they
are expected to wield with the utmost integrity. This case proves that abuse of
that power and authority will not be tolerated.”
This case was investigated by
the Federal Bureau of Investigation, with assistance from the Tallahatchie
County Sheriff’s Office, and prosecuted by the United States Attorney’s Office
for the Northern District of Mississippi.
This content has been
reproduced from its original source.
Justice Department to Review the Shooting of John Crawford, III
U.S. Attorney’s Office
September 24, 2014 • Southern District of Ohio (937)
225-2910
COLUMBUS, OH—The Civil Rights
Division of the United States Department of Justice, the United States
Attorney’s Office for the Southern District of Ohio, and the Federal Bureau of
Investigation, Cincinnati Field Division, announced today that they will
conduct an independent review of the facts and circumstances surrounding the
August 5, 2014, fatal shooting of John Crawford III by an officer with the
Beavercreek Police Department. The Civil Rights Division, the United States
Attorney’s Office, and the FBI have been monitoring the state’s investigation
of this case. The Civil Rights Division, the United States Attorney’s Office,
and the FBI will conduct a thorough and independent review of the evidence and
take appropriate action if the evidence indicates a prosecutable violation of
federal criminal civil rights statutes. This is an on-going investigation;
therefore, the Department can make no further comment on this case at this
time.
Woman who accused Harrisburg police officer of stalking also sought protection order
The woman who accused a
Harrisburg police officer of stalking her also claimed the officer raped her in
late August, according to a protection from abuse order filed in Dauphin County
Court.
Corporal Todd R. Chance has not
been charged with any sex crimes. He has been charged with misdemeanor counts
of stalking and harassment. Chance has no prior criminal record.
Dauphin County District
Attorney Ed Marsico Jr. said Thursday in an email that the "criminal
complaints [against Chance] were filed on charges that investigators believe
can be proven beyond a reasonable doubt and that there is sufficient evidence
to meet that burden of proof."
He said detectives and
prosecutors worked with the woman and her family during the investigative
process. Marsico also stressed that convictions on the stalking and harassment
charges would ensure Chance will be prohibited from working as a police
officer.
When asked for comment Thursday
on the rape allegation, Brian Perry, Chance's attorney, said, "The fact
that criminal charges involving sexual misconduct were not filed tells the
story."
Perry earlier acknowledged that
Chance has made some poor choices, saying he had "lost his cool and made
some dumb decisions." Perry also said the case is a difficult one where
there is an element of "he said, she said."
Perry said all the facts of the
case have yet to be made public.
Chance could not be reached for
comment Thursday evening.
Chance's accuser filed her
petition for a protection from abuse order on Sept. 8. County Judge William T.
Tully granted it on Tuesday.
The woman claimed in the
petition that Chance raped her on Aug. 27 at a residence in Harrisburg.
Tully's order forbids Chance
from having any contact with his accuser for three years. A violation of the
order could result in a $1,000 fine, 6 months in prison or other criminal
penalties.
The PFA order was granted the
same day county investigators filed the stalking and harassment charges against
Chance. He was arraigned Wednesday and is free on $10,000 unsecured bail as he
awaits his preliminary hearing.
Harrisburg officials said
Wednesday that Chance was immediately suspended last month when police learned
of the stalking allegations made against him. They stressed the allegations did
not involve Chance's official police duties.
An 11-year veteran of the department,
Chance will remain suspended with pay until the charges filed against him are
bound over to county court.
Charging documents show
Chance's accuser met with county investigators on Sept. 8 and told them she had
been involved in an on-and-off relationship with Chance for 10 years.
She described Chance to police
as "very possessive, controlling and jealous." She told police said
that on Aug. 27, she sent text messages to two other men in whom she was
romantically interested, angering him. Threats and stalking followed, she told
police, according to the charging documents.
Aug. 27 is the same day the
woman says Chance raped her, according to her petition for a protection from
abuse order.
Chance is tentatively scheduled
to appear Oct. 31 for a preliminary court hearing.
More and more, bystanders recording NYPD – including arrest of subway musician Andrew Kalleen recently was arrested in a New York subway for performing without a permit, which 'buskers' and their supporters say is not required. They see such incidents as examples of increasing police harassment.
By Harry Bruinius, Staff writer
October 23, 2014
New York — More and more, when
New York City police make an arrest in public, bystanders pull out their smart
phones and begin recording.
In the latest video sparking
controversy over the NYPD’s aggressive approach to minor crimes, uniformed and
plainclothes cops are shown arresting a guitar-strumming subway “busker” – or
public entertainer who solicits donations – after he refused an order last
weekend to stop playing and leave the station.
The video, which has been seen
by more than 1 million viewers on YouTube, shows Andrew Kalleen, a busker who
had been singing Neil Young’s protest anthem “Ohio,” argue with an officer who
had told him to pack it up, saying he was not allowed to perform on subway
platforms without a permit.
Recommended: Are you a true Noo
Yawker? Take our Big Apple quiz.
Mr. Kalleen, however, pulled
out a copy of the Metropolitan Transportation Authority’s rules of conduct and
directed him to read Section 1050.6(c). The officer told Kalleen he was not
going to argue with him, but, nevertheless, he read the section aloud, which
allows for “artistic performances, including the acceptance of donations,” as
long as they do not impede transit activities.
Bystanders erupted in cheers,
and even jeers, but the officer called for backup, and at least five cops then
roughly arrested the fedora-wearing musician. As he was taken away, bystanders
continued to hurl expletives at the police. Kalleen was later charged with
loitering and released, the NYPD told the Associated Press, adding the
department was reviewing the incident.
On Tuesday, Kalleen and a group
of about 100 protesters, including musicians and public officials, staged a
rally at the same station, protesting what they call increasing police
harassment as the NYPD continues to crack down on subway buskers under the
leadership of Commissioner William Bratton.
Since beginning his second
tenure in New York, Commissioner Bratton has redirected his officers to focus
more on low-level crime – a hallmark of his “broken windows” theory, which
holds that strict enforcement of penny-ante crimes deters more serious
activities. Through mid-October, police have arrested 293 subway buskers this
year, up from 101 arrests in all of 2013, NYPD spokeswoman Sophia Mason told
the Brooklyn Daily Eagle.
“This is part of the integrity
of New York City,” said City Council Member Robert Cornegy (D), a 7-foot alum
of the famous 1984-85 St. John’s University basketball team, during the rally.
“People come here from all over with the expectation that they are going to get
an authentic New York experience, and this is part of its authenticity.”
As the video continues to go
viral this week, the department is reviewing the circumstances of other
controversial arrests and stops captured by bystander videos.
Earlier this month, an officer
was recorded taking a roll of cash from a man during a pat-down and then
pepper-spraying him after he objected and asked for his money back. The man
claims it was over $1,000. And in September, another video showed an officer
throwing a pregnant woman to the ground while trying to handcuff her hands
behind her.
A grand jury is continuing to
hear evidence in the case of Eric Garner, who suffocated to death in an
apparent illegal chokehold after being arrested for selling cigarettes – an
arrest dramatically captured by bystander smart phones and causing a national
outcry.
“We're not asking for the laws
to be changed here," said Council Member Stephen Levin (D) at the rally.
“The existing law is here to protect us. If this is 'broken windows,' I want no
part of it.”
Advocates from BuskNY, a group
that supports subway performers, said the NYPD needs to better train officers
on the rules of conduct on subways, handing out a proposed memo that officers
should be aware that “no permit is required to perform in subway stations or on
subway platforms" and that the Metropolitan Transportation Authority
“allows all performers to accept donations,” the website Gothamist
reported.
Kalleen filed a formal
complaint with the Civilian Complaint Review Board on Wednesday.
“The world watches New York,”
he said at the rally. “This is not the message we want to send to the world.”
DUI arrest for Henderson cop driving wrong way on highway
By Pashtana Usufzy
A Henderson police officer was
arrested early Thursday morning on a driving under the influence charge after
he reportedly drove the wrong way on U.S. 95, officials said.
Nevada Highway Patrol received
a report about 1 a.m. of a vehicle traveling in the wrong direction on the
highway near Durango Drive, Trooper Loy Hixson said.
Troopers located that vehicle
just south of Durango Drive and attempted to make a stop, Hixson said.
The driver, later identified as
Henderson officer Joseph Lawrance, didn't immediately pull over but did
eventually stop for a trooper, officials said.
Henderson Police spokeswoman
Kathleen Richards declined to comment on the arrest but said all incidents like
this trigger internal investigations.
Lawrance was taken into custody
and booked into the Clark County Detention Center, Hixson said.
Lawrance has been placed on
paid administrative leave, Henderson spokesman Keith Paul said
Tampa officer accused of DUI, driving wrong way
Tampa, Florida -- Tampa police
say one of their own, an off duty officer, was not only driving drunk, he was
driving the wrong way.
Investigators say they arrested
TPD Officer Anton Lipski, 32, early Thursday morning after he crashed his car
and failed field sobriety tests.
The wrong-way wreck landed the
officer on unpaid suspension.
Tampa Police Officer Anton Lipski allegedly
drove the wrong way down a street and crashed into a wall.
Highland Avenue turns into a
one-way road at Violet Street. Investigators say their officer had been heading
north on the southbound-only stretch, hit a median, took out a sign, then
rammed into a homeowner's wall and fence.
"Boom! I was in bed and it
shook the bed," says the homeowner, who only wants to be identified as
"Rose."
Rose says she was startled from
her sleep around 1:30 a.m. Thursday. Investigators say a Tampa police officer
crashed his car into her front retaining wall.
"I heard, 'How much have
you been drinking?' That's all I heard from the other cops," Rose says.
Tampa police say Lipski failed
his field sobriety tests and had a blood alcohol level of .16 and .18, twice
the legal limit of .08.
Neighbor Berat Yigitoglu says
he could tell. "He was really drunk. He was like this you know
(swerving)," says Yigitoglu.
"No matter what your blood
alcohol level is I think it's fortunate someone doesn't get hurt someone
doesn't get killed," says Deputy Chief Brian Dugan.
Lipski has been with the
department since March of 2013 and works as an overnight patrol officer. He
doesn't have any other disciplinary actions on his record since joining TPD
from the Gainesville Police Department.
Deputy Chief Brian tells 10
News that it's not easy to arrest one of their own, but insists the
investigation will be "by the book".
"It's probably one of the
hardest things I have to do. It's embarrassing to me. It's a disappointment as
a police officer. Our job is to keep the roadways safe and not become part of
the problem out there," says Deputy Chief Dugan.
Lipski has bonded out of jail.
No one answered the door at the family's home.
Rose just wants her wall fixed.
"Everybody makes mistakes, but you have to learn from it," says Rose.
Lipski will remain on unpaid
leave while the case works through the courts. If found guilty of DUI, the
deputy chief says Lipski could lose his job.
Arizona police officer arrested in Nevada sex case
LAUGHLIN, Nev. (AP) -
Authorities say a Bullhead City, Arizona, police sergeant who was suspended
earlier this month in one case was arrested on an a felony attempted sexual
assault charge after he was accused of attacking a woman in a vehicle outside a
bar in the Colorado River resort town of Laughlin.
Police said Friday that
37-year-old Jesse Samuel Hoag was arrested after surrendering to Las Vegas
police investigating a woman's report that she was attacked a little before 7
a.m. Wednesday by a man she met at the bar on Casino Drive.
Hoag posted unspecified bond
and was released from custody Thursday pending an initial court appearance.
Bullhead City police say Hoag
has been on paid leave since Oct. 3 while police in Kingman, Arizona,
investigate an Oct. 2 incident there.
I-Team: Providence officer arrested in Texas
By Parker Gavigan, NBC 10
I-Team Reporter
The NBC 10 I-Team has obtained
a police report from Arlington Texas, indicating the arrest of Providence
Police officer Nicholas Froncillo on October 18th for public intoxication at a
spa.
Anthony Cole, a witness told
the I-Team that Froncillo “got mad and stormed out of the business.” He then
came back in and said his wallet was stolen, according to Cole. He left,
returned and said his cell phone and credit card were also stolen. “He was
obviously drunk” said Cole. “He was threatening the proprietors of the business
and shouting out derogatory names,” added the witness. The arresting officer
wrote in the report, “I was dispatched to a disturbance call involving an
intoxicated male suspect that was alone in a public place and exhibiting
behavior which placed his safety in doubt.” Froncillo was then arrested.
Earlier in the week, Police
Chief Hugh Clements confirmed the department was looking into the arrest, but
wouldn't identify the officer. The incident is the latest in a rash of
embarrassing incidents for the Providence Police. Rookie cop David Sanchez lost
his job after he was caught holding a cell phone allegedly stolen by his
girlfriend at the Providence Marriott following a graduation party. It was
later learned that had multiple arrests on his record, including marijuana
possession and leaving the scene of an accident.
The NBC 10 I-Team has learned
through multiple sources that another recruit has been suspended for his role
at the Marriott last weekend. A third recruit has also been suspended for an
off-duty incident at the Whiskey Republic bar next to the Providence river. And
a fourth recruit has been suspended for not showing up to the Columbus Day
Parade.
New recruits are not alone with
these recent mishaps.
Sources confirm a veteran
officer was attending the recruiting class ceremony on Oct. 10 at Rhode Island
College when he allegedly kissed a woman on her cheek after asking the officer
to move out of the way. The officer was not identified by police, but Commissioner
Steven Pare said all the officers are receiving different punishments.
The I-Team has learned that
discipline varies from one- to three-day suspensions to written reprimands.
Suspended Buffalo cop's wife says allegations are false
BUFFALO, N.Y. (WKBW) -- Buffalo
Police Officer Michael Missana is off the job. He's yet another Buffalo cop
facing accusations of misconduct.
Michael Missana is accused of
stealing a mere $130, from a wallet, left behind at Café Aroma, back in August.
"He's not guilty. He pled
not guilty and it's the truth and it's the facts," said Colleen Missana.
Missana says she supports her
husband, who pleaded not guilty charges of official misconduct and petit
larceny. She said Officer Missana was unavailable to talk when we knocked on
the door.
7 Eyewitness News reporter Ed
Drantch asked Missana, how she thought her husband was named in this. Missana
said, "I have no comment. It's an open investigation and I don't have any
comment about it."
The investigation started after
two women found Ariel Brucato's wallet. She says they counted the cash and then
handed it over to Officer Missana.
The money wasn't there when
Missana returned the wallet to Brucato's home.
"I was approached by the
District Attorney's office and investigators, that (Missana) was being
investigated for taking the money. Obviously you want to trust that a cop
wouldn't do that," Brucato said.
Erie County District Attorney
Frank Sedita says Missana has been suspended, without pay, for 35 days.
"It's criminal. It's
alleged criminal conduct, so it's serious," Sedita said.
In digging for information, 7
Eyewitness News has learned Missana has been on the force less than two years.
He joins a list of Buffalo
Police officers who've been charged, convicted or suspended. There have been at
least 14 instances since 2012.
"He's been an outstanding
police officer. He loves his job. He fought hard for that job," Colleen
Missana said.
He'll continue fighting, while
Brucato fights for justice.
"It's a police officer and
I'm someone who works at a coffee shop. So I mean that's taking a lot more
money than I think he realized," Brucato said.
Missana has been released on
his own recognizance. Another court date has not yet been set.
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