Fairfax County Police Watch: Flipped off cops, got arrested settle for $25 K

Duo Who Flipped Off Cops & Got Arrested Reach $52K Settlement With City

BY EMMA WHITFORD IN NEWS ON JAN 23, 2016 10:00 AM

Two NYPD officers exercising their First Amendment rights

Two people who spent a night in jail after flipping off a pair of NYPD officers on the E train have won a $52,000 settlement from the city for the violation of their First Amendment rights.

After Channing Creager, 26, and Nicholas Thommen, 33, brandished their middle fingers to two cops on the E train in June of 2013, the officers exited with them and proceeded to ask them for their identification. The duo was cuffed after officers looked up their records and saw that Thommen had been arrested the year previous for allegedly assaulting an NYPD officer with a metal pipe outside of a Starbucks, according to their lawyer Jason Leventhal. The charges in the beating case were dropped before the E train incident.

"The cops did background checks, and five minutes later they made a comment to Thommen with regards to a prior arrest involving an altercation with police officers, and that's when they handcuffed him," Leventhal told us.

The friends were also active in the Occupy Wall Street movement, as the Post is careful to point out, although they were not participating in a protest at the time of the train incident.

Creager and Thommen were handcuffed and taken to the 110th Precinct in Queens and spent a night in jail. Both denied officers' claims that they yelled insults in addition to raising their middle fingers. Disorderly conduct charges were later dropped in Queens Supreme Court.

"If they were yelling and screaming on a subway car there could be probable cause to arrest them," their attorney Leventhal said. "Our clients say they were not. What it comes down to is whether it rose to the level of creating public annoyance and alarm."

Morrogh finds cop he doesn’t love. In other news, hell freezes.

Probe of fatal police shooting goes to federal authorities

By Justin Jouvenal/Post

The Fairfax County prosecutor has turned over the investigation of a fatal police shooting of an unarmed Springfield man to federal authorities, citing complications with the five-month-old case.

Commonwealth’s Attorney Ray Morrogh said the U.S. attorney’s office for the Eastern District of Virginia has agreed to continue the probe into the death of 46-year-old John Geer, who was shot during a standoff with Fairfax County police in August. No one has been charged in the incident.

“There is a conflict of interest that has arisen in the case,” Morrogh said Thursday. “And there is a second potential conflict of interest that has arisen out of my office. . . . This is the prudent thing to do.”

Morrogh declined to describe the nature of the conflicts because the investigation is ongoing. The U.S. attorney’s office said Thursday that it could not confirm or deny any investigation or comment on pending investigations.

Police went to Geer’s Pebble Brook Court home on Aug. 29 because of a report of a domestic disturbance. Geer’s father, Don Geer, said his son was upset because his girlfriend, the mother of his two children, had decided to leave him.

John Geer had thrown his girlfriend’s belongings in the front yard. She called police and told them that Geer had a firearm. Police said they tried for about 50 minutes to persuade Geer to leave the home, but he refused.

Don Geer said he watched the climax of the encounter. He said that he could not hear what officers were saying to his son but that he saw him standing with empty hands resting on top of a screen door at the home’s entrance.

At some point, John Geer began to slowly lower his hands and an officer opened fire, hitting Geer in the chest, his father said. Geer retreated inside and closed the door. A SWAT team eventually entered the home and found Geer dead.

Don Geer said detectives later told him that his son did not have a gun on him at the time of the shooting but that there was a holstered handgun a couple of steps from the front door.

Don Geer said it appeared to him that the shooting was unjustified, but he was unsure what to make of the probe being turned over to federal authorities.

“I don’t know whether that’s good or bad — if I had a better idea of why they are doing it, I could form an opinion,” he said.

Geer and friends of his son have been critical of how long the investigation has taken, but Morrogh said police and prosecutors were working to explore all the evidence. He did not think federal prosecutors would have to start from scratch.

“No one wants these things to linger on,” Morrogh said.

Our ink will outlast his career

Under the reign of former Chief of Police Rhorer the Fairfax County Police arrested a man for not wearing clothes in his house while he made coffee, set up an eye doctor on a gambling charge and then used the SWAT team to kill him. An investigation into the charge that the Doctor’s primary clients were cops has never been investigated. The police gunned down an emotionally unstable man because cop who shot him wrongly assumed the man was trying to escape. He wasn’t. The cops also shot dead four other citizens under highly questionable circumstances. The department under Rhorer was sued multiple times by citizens. So did they fire Rhorer? Naw they promoted him. According to news reports Rhorer draws a salary of $191,168 per year as Deputy Fairfax County Executive as well as a concurrent pension from the Fairfax County police of $173000 per year.

Occupation by force

According to the most recent U.S. Census figures, nearly one in five Fairfax residents (17.5 percent) is of Asian descent while Hispanics make up nearly 16 percent of Fairfax’s overall population. Those numbers drop considerably when applied to the Fairfax County Police Department, where only 4.3 percent of officers are Asian and 4.1 percent Hispanic. White officers make up 84 percent of Fairfax County’s 1,360-member police department, significantly higher than the county’s general population (54 percent white). Almost 90% of the force lives outside the county.