Father Accused of Abuse Wins $ 55,000 in Suit Against Fairfax Police

The Washington Post



August 27, 1987, Thursday, Final Edition


Father Accused of Abuse Wins $ 55,000 in Suit Against Fairfax Police


BYLINE: Mary Jordan, Washington Post Staff Writer


SECtION: METRO; PAGE C1


LENGTH: 526 words


A federal jury yesterday found that a Fairfax police investigator violated a Falls Church man's civil rights when he arrested him for allegedly sexually abusing and illicitly photographing his two children, charges that were later dropped. The jury awarded William J. Kelly Jr., a Falls Church photographer, $ 55,000 in damages. Kelly was imprisoned for seven days last year after being arrested on rape and indecent liberties allegations.






"They are probably the most vicious accusations made against any father anywhere," Kelly's attorney, George L. Freeman Jr. told the U.S. District Court jury in Alexandria. Kelly "was in jail for seven days . . . . He just couldn't believe what was happening to him." After the prosecutor dropped all charges against him, Kelly sued William H. Whilden and the Fairfax County Police Department for allegedly "coercing" his children into making statements that he sexually abused them. The 45-year-old photographer contended that when Whilden asked the children if they ever "fooled around" with their father, they said "no."Only after Whilden warned the children that they might be sent to a juvenile detention home if they didn't tell the truth, did they change their story, Freeman argued.Kelly's 10-year-old daughter backed up her father's account in court.The girl testified at the opening of the three-day trial that she initially told Whilden that her father had not indecently touched her or photographed her.But she continued: "Then he [Whilden] said if you don't tell the truth, you'll go to juvenile jail . . . so I told him yes . . . . I thought if he heard what he wanted to hear everything would be all right."Both the girl and her 12-year-old brother also testified that it was they, and not their father, who took the four nude photographs that launched Whilden's investigation.The children, who live with their mother and stepfather in Florida, said they snapped nude photographs of each other and then inadvertently gave the roll of film to their father to have developed.A Colorfax laboratory technician in Silver Spring, who was developing the film for Kelly, saw the nude photographs on the roll and called police.Assistant Fairfax County Attorney Robert M. Ross defended Whilden, a 14-year member of the police department who is assigned to the child services unit, saying he did a "professional job."Whilden's attorneys argued that the photographs were not of the type that children snapped of each other. They denied that Whilden overstepped the bounds of his authority and coerced the children into giving him the story "he wanted to hear."Kelly's lawsuit also charged that Whilden and the Fairfax County Police Department had maliciously prosecuted and maliciously imprisoned him, charges that the jury found were not substantiated.Kelly, who was arrested June 13, 1986, was initially held without bond.Seven days later, when the bond was set at $ 20,000, he was released from Fairfax County Detention Center. He had sought $ 5 million in damages."I had hoped that the verdict would have been for a larger amount," Freeman said. "But we're satisfied."

Diplomats' friend says Fairfax police ignored immunity

The Washington Times


November 6, 1993, Saturday, Final Edition

Diplomats' friend says Fairfax police ignored immunity

BYLINE: Maria Koklanaris; THE WASHINGTON TIMES

SECTION: Part A; METROPOLITAN TIMES; Pg. A10

LENGTH: 538 words

An American friend of the South African diplomatic couple arrested by Fairfax County police last month said yesterday that before they were arrested the diplomats informed police that they had diplomatic immunity.John R. Sodergreen, 31, of the 400 block of Warner Street SW in the District, was also arrested in the Oct. 16 incident outside the diplomats' Oakton home in the 2700 block of Sutton Woods Court. Mr. Sodergreen, an American citizen, was there with other guests at a small indoor party, he said.Mr. Sodergreen said the diplomats, 34-year-old Eckhart Piprek and his wife, Gerda, 31, showed two police officers identification cards proclaiming their status. Mr. Sodergreen said he also tried to persuade the officers not to make the arrest.



Instead of listening to him, he said, they arrested him, too. "Eckhart offered his [identification] card up," Mr. Sodergreen said. "He told them, 'I'm a diplomat. You can't do this. I've got immunity.' "Police charged the Pipreks and Mr. Sodergreen with public drunkenness, a misdemeanor, and charges have not been dropped. All three deny the charges.South African Ambassador Harry H. Schwarz formally complained to the State Department this week about the arrests. Mr. Schwarz maintains the charges are false and the arrests violate the Vienna Convention on Diplomatic Relations, which protects diplomats from criminal prosecution in their host countries.The embassy is also outraged that the Pipreks spent nearly four hours in jail, a statement by Mr. Schwarz says.Fred DuVal, deputy chief of protocol at the State Department, said this week his agency will help the Embassy of South Africa in its quest to receive "a good-faith explanation" of the events.Fairfax police yesterday again said they are conducting an internal investigation of the two arresting officers' actions. They will likely be disciplined if the department finds they acted improperly, said Officer Richard Perez, a department spokesman.He could not say when police will conclude the investigation.At issue is when the officers learned the Pipreks had diplomatic immunity. Mr. Piprek is a first secretary at the embassy, and both he and his wife are listed in the State Department's Diplomatic List, a booklet containing the names of foreign officials with immunity from criminal prosecution.Police came to the Piprek home about 11:30 p.m., after neighbors complained about noise at an outdoor party. Mr. Sodergreen said they found Mrs. Piprek outside because she was walking two guests to their car.Police said Mrs. Piprek became "uncooperative" when they told her about the complaints. They said she refused to go back into the house and that she smelled of alcohol.Police said the same of Mr. Piprek, who intervened for his wife, and then of Mr. Sodergreen, who came out to inform police his friends are diplomats.Police arrested all three for public drunkenness and placed them in a police cruiser.Mr. Sodergreen said he joked with Mr. Piprek on the way to jail, telling him, "I thought this only happened in your country.

Suspect Injured While Cuffed Says Police Offered Cash;

The Washington Post


May 11, 1989, Thursday, Final Edition

Suspect Injured While Cuffed Says Police Offered Cash;

Fairfax Assault Prompts NAACP To Seek Meeting on Harassment

BYLINE: Patricia Davis, Lynda Richardson, Washington Post Staff Writers

SECTION: METRO; PAGE B1

LENGTH: 810 words

A handcuffed suspect whose treatment by Fairfax County police led to disciplinary action against five officers said the police department offered him $ 1,000 yesterday to repair a tooth damaged by an officer's nightstick. A spokesman said the police department has no comment.The suspect, Steven Martin, said the offer came from a lieutenant in the internal affairs division before Martin's hearing in General District Court on misdemeanor charges. Martin, whose case was postponed, said he rejected the offer and is consulting his attorney.

Fairfax County Attorney David T. Stitt declined to comment on the case. He said the department occasionally makes offers to settle civil claims, and said the money would come from general funds. Martin said he has not filed a claim. Police officials have acknowledged that the handcuffed suspect was hit, but they will not disclose the names of the five officers who have been disciplined. Police did not release the suspect's name until contacted by a Washington Post attorney.The March 31 incident has raised concerns among some black Fairfax police officers and the NAACP. Martin is black; the five officers involved are white. Martin, holding the business card he said the lieutenant gave him yesterday, gave this account of that March evening:Martin, a 27-year-old lawn service employee, said he was visiting his son at the Stonegate Village apartment complex in Reston when he was arrested on charges of trespassing and being drunk in public. Knowing that police were looking for a man who had assaulted two officers, he told police on his way to jail that he knew the man's whereabouts.He said yesterday that he had no idea where the man was. "I was just [messing] with them -- that's how they do me," he said. Martin acknowledged that he has a lengthy criminal record -- "just about every charge you can think of except murder" -- and has been in prison three times.Martin said he was driven to Dogwood Elementary School in Reston, where "they yanked me out of the car and threw me on the ground." Martin said he did not know how many officers were there, but that "they were all just surrounding me."Martin, whose hands were cuffed in front of his body, said an officer placed a nightstick in his mouth and twisted it numerous times, leaving one bottom front tooth so loose that a dentist told him it will probably have to be removed. His pants were pulled down, and the pockets were ripped, he said.His shoes and two pairs of socks were removed, and he said he is still angry that his $ 4-a-pair athletic socks have not been returned to him. He said that at one point, another officer "smacked me in my damn face." He did not recall being struck at any other time.Martin, saying that he had had a lot to drink that night, said he could not estimate how long he was outside the school. Afterward, he was taken before a magistrate at the county jail, released on personal recognizance, and walked to his sister's home in Centreville, where he is staying."He came in with blood all over him," said Helen Martin, 29, who accompanied her brother to the court hearing yesterday. "He said [the police] beat him up, and put the stick in his mouth. I was mad. I said: 'You should do something about that.' "NAACP officials said yesterday that they plan to request a meeting with Col. John E. Granfield, chief of police, to discuss the Martin case and at least a half-dozen complaints they have received in recent weeks alleging police harassment and civil rights violations by officers working near Stonegate. The apartment complex is the site of one of the county's open-air drug markets and the focus of police antidrug efforts.They said the police assault on the suspect seemed to indicate a clear-cut violation of his civil rights, and they questioned whether the disciplinary action against the officers -- suspension, and in one case demotion, according to sources -- was sufficient.Some NAACP officials said they are interested in the incident because of alleged civil rights violations, but they acknowledged that the suspect's criminal history and the police department's efforts to clean up a drug-weary neighborhood present some sensitivities."He's probably not a member of the NAACP," said Glenwood Roane, president of the Northern Virginia regional division of the organization, which in Fairfax is made up primarily of middle-class blacks.Citing the recent complaints about Fairfax police, another NAACP official said they raised a broader concern about police treatment of blacks in general."The issue is the protection of the rights of minorities to walk the streets without worrying that the police are going to harass them solely because of their color," said Donald Grant, chairman of the legal redress committee of the NAACP's Fairfax County branch.

3 Officers Disciplined In Fairfax;

The Washington Post


July 28, 1990, Saturday, Final Edition

3 Officers Disciplined In Fairfax;

Loudoun Night Visit Led to Transfers

BYLINE: Patricia Davis, Washington Post Staff Writer

SECTION: METRO; PAGE B1

LENGTH: 511 words

Three Fairfax County police officers have been kicked off the police department's "jump-out team" after making an unofficial late-night visit to the home of a Loudoun County man who allegedly threatened a Fairfax officer's wife. Ten members of the team, including two supervisors, got off work about midnight on April 10 and drove together to the man's Leesburg apartment to deliver a "strong message" to stay away from the wife, a police official said. They were armed and dressed in the team's full uniform of dark military-type fatigues, he said.

"They wanted to make an impact," said Lt. Col. Michael Young, deputy police chief for operations. "They made a mistake. It could have been serious." By conducting what appeared to be official business outside the county, the off-duty officers violated police department regulations, Young said.As a result of the incident, the supervisors of the team -- a lieutenant and a sergeant -- and the investigator whose wife allegedly received the threat were disciplined and transferred to other areas of the department, Young said. The internal investigation was completed last month, complicated by the large numbers of participants, he said.Fairfax police spokesman Warren Carmichael said that no laws were broken and no force was used by the officers that night. However, he said, the man complained about his late-night visitors to Loudoun officials. "The individual was not receptive to that approach," said Carmichael.Carmichael said the man, who was not identified, had been targeted by the jump-out team as a drug suspect. Sometime later, the man saw the wife of an investigator on the team at a local bowling alley and made what was "construed as a threat" to her, he said. According to a police source, the investigator was "really upset" about the comments made to his wife.Young said the trip to Loudoun became "a matter of support among the peers" on the jump-out team, which is officially known of as the Narcotics Enforcement Team. "It was a very human reaction. I can say it was an overreaction," he said.Young said that an internal investigation into the April 10 incident revealed that "nothing really wrong happened" that night. After police arrived at the apartment complex, they telephoned the man and asked him to come outside, Young said.The man declined the invitation and instead invited the officers inside, Young said. Two officers went into the apartment, while others were visible outside during the visit, he said.The jump-out team was formed by the police department about three years ago to coincide with the arrival of a new problem in the county: open-air drug markets. The team has had success in disrupting the markets at an early stage, according to law enforcement officials.Despite the team's successes, Young said the supervisors should have known better than to condone the officers' action that night and accompany them."We depend on those stripes to mean something," Young said of the supervisors."They knew there was a jurisdictional problem."

Fairfax Commonwealth's Attorney Robert F. Horan Jr. decided not to seek criminal charges against Carlton Jones in the fatal shooting

The Washington Post



December 26, 2000, Tuesday, Final Edition


Officer Had Filed A False Report; Same Policeman Left Md., Shot Man in Fairfax


BYLINE: Ruben Castaneda , Washington Post Staff Writer


SECTION: METRO; Pg. B01


LENGTH: 1243 words


The undercover Prince George's County police narcotics officer who shot and killed an unarmed man in Fairfax County admitted during recent court testimony that he had been found guilty by his department of filing a false report.


The admission led to the dismissal of cocaine charges against a Hyattsville man after a judge ruled that cocaine allegedly seized by the officer, Cpl. Carlton B. Jones, could not be used as evidence. But it also casts doubt on dozens of other drug cases in which Jones played a role.


Although he is suspended from street duty pending an internal investigation of the Sept. 1 Fairfax County shooting, Jones retains his police powers, and prosecutors have continued to call him to testify in drug cases.


Prince George's State's Attorney Jack B. Johnson has said he will keep prosecuting cases involving Jones and other officers who are under investigation or facing criminal charges, so long as the charges do not include perjury.


Johnson did not return telephone calls last week seeking comment.


Jones's attorney, Michael T. Leibig, declined to comment on the false-report finding against his client.


Paul Butler, a professor at George Washington University Law School and a former federal prosecutor, said the fact that Jones was found guilty by his own department of filing a false police report "is just devastating."


He noted that in drug cases involving undercover police officers, the credibility of the officer is crucial. Such cases often come down to the officer's word against the defendant's regarding alleged drug buys, and to the believability of officers who say they obtained crucial information from confidential sources.


"It renders him useless as a witness," said Paul Rothstein, a professor at Georgetown University Law Center.


Law enforcement agencies across the country have grappled with how to deal with instances or allegations of lying by police.


In Los Angeles, scores of criminal convictions have been overturned in the wake of a scandal in which some members of an anti-gang unit allegedly rigged evidence against suspects and then lied to obtain convictions.


In the District, the U.S. attorney's office for years has maintained a list of officers who have been convicted of crimes or are under investigation; prosecutors do not call those officers to testify and in some instances drop charges. The list includes 100 to 200 names at any given time.


Last year, Montgomery County Police Chief Charles A. Moose, during a speech to police academy graduates, expressed outrage that several officers who had been found by internal investigations to have lied were allowed to continue serving as police officers.


Fairfax Commonwealth's Attorney Robert F. Horan Jr. decided not to seek criminal charges against Carlton Jones in the fatal shooting of Prince C. Jones Jr. The two men were not related.


In an interview, Horan said that at the time he conducted his investigation, he was aware that Carlton Jones had been found to have made false statements. Horan said the finding had no impact on his investigation.


"I can't think of anything that would affect the physical evidence and the eyewitness accounts," Horan said.


Jones and another officer had followed Prince Jones from Hyattsville, through the District and into Virginia, police said. The officers believed that the vehicle Prince Jones was driving may have been connected to drug dealing and the theft of an officer's gun from an unmarked Prince George's police car, officials said.


After reaching the Seven Corners area of Fairfax, Carlton Jones told police, Prince Jones initiated the confrontation by backing his Jeep up to the officer's door, preventing the officer from getting out. When Prince Jones walked to the officer's car, Carlton Jones held up his gun and said, twice, "Police. Get back in your vehicle," according to the officer's account.


Prince Jones, 25, struck the officer's vehicle twice with his vehicle, leading Carlton Jones to fear for his life and fire 16 rounds, according to police.


Details about the internal investigation of Carlton Jones were disclosed during a Sept. 22 motions hearing on cocaine charges against Dennis Anthony Butler, 30. Those charges resulted from Jones's alleged seizure of $ 3,000 worth of cocaine from Butler's car after the officer swore out an affidavit that a confidential source had tipped him to the drugs.


Circuit Court Judge Sherrie L. Krauser ruled that police did not have probable cause to conduct the search. Two counts of possession with intent to distribute cocaine and two counts of possession of a controlled dangerous substance against Butler were then dismissed.


There was "an internal hearing where you were found guilty. Is that correct?" defense attorney Douglas J. Wood asked Jones during the hearing.


"That is correct, sir," Jones replied, according to a transcript of the hearing.


The police trial board had focused on the charging document Jones wrote against John Robert Johnson in connection with an alleged gun battle April 21, 1997.


In the document, Jones alleged that when he went to the 7200 block of Landover Road to investigate a report of shots being fired, a county sheriff's deputy told him he had seen Johnson engaged in a gun battle with another man.


The charging document goes on to allege that a witness who called a police dispatcher identified Johnson as the person who threw a handgun on top of a building; police recovered the handgun.


According to law enforcement sources familiar with the internal investigation, the sheriff's deputy testified at the police trial board that he did not tell Jones he had seen Johnson engaged in a gun battle. In addition, investigators could not locate any audiotape in which a witness tells a police dispatcher that the gun had been tossed atop a building, and the existence of the witness could not be verified, the sources said.


In a federal civil lawsuit against Jones alleging false arrest and civil rights violations, Johnson alleges that Jones had expressed his intention to run Johnson "out of town."


Unlike officials in the District, in Los Angeles and in other cities where a large number of police witnesses are facing charges or are under investigation, state's attorney Johnson has said he is obligated to move forward with cases that involve possibly tainted officers.


At least five times during the last three months, charges have been dropped or a defendant has won a quick acquittal in a case involving a police officer under investigation or facing criminal charges.


Defense attorneys and legal experts said that even before the disclosure of the false police report, Jones's notoriety had undermined his effectiveness as a police witness.


In September, a Circuit Court jury took about an hour to acquit a Hyattsville man of possession with intent to distribute marijuana.


Although Jones did not testify in that case, several jurors made wide-eyed expressions when the defense attorney in open court identified Jones as one of the investigators.


Last month, a Prince George's County prosecutor in a case in which Jones was a witness abruptly dropped felony cocaine charges against a Silver Spring man when the defense attorney said he would make a motion asking for all police internal reports about Jones, including the incident in which he filed a false police report and the fatal shooting in Fairfax County.

One Fairfax County police officer has been cleared and a second officer ordered transferred after an internal investigation of a melee involving the two men

The Washington Post



November 7, 1979, Wednesday, Final Edition


1 Officer Shifted, Another Cleared In Fairfax Melee


BYLINE: By Ronald D. White, Washington Post Staff Writer


SECTION: Metro; C2


LENGTH: 346 words


One Fairfax County police officer has been cleared and a second officer ordered transferred after an internal investigation of a melee involving the two men and members of a Groveton family last August, police said yesterday.


Police Chief Richard A. King said Officer James W. Cavender Jr., 29, a six-year veteran of the force, will be reassigned to unspecified duties outside the Groveton area as a result of the probe.


Cavender is "not really being punished, just reassigned," said King, who added that Cavender "could have used other options" to avoid the incident. w


The second officer, Jerry L. Bowers, 26, was cleared by police.


King ordered the probe of possible use of excessive force by the officers following newspaper accounts of the fracas, in which both officers and some family members suffered minor injuries.


A spokesman in the FBI's Alexandria office confirmed yesterday that an agent also is investigating possible use of excessive force by the patrolmen.


The incident occurred Aug. 10 after 20-year-old Timothy Rickman allegedly flashed his lights and honked his horn at a patrol car being driven by Cavender about 10:30 p.m.


Cavender followed Rickman into the family's driveway of 3408 Memorial Dr. The scuffle ensued when Rickman allegedly refused to be questioned and called for help. Cavender also radioed for assistance and Bowers came to the scene.


Rickman was charged with drunk driving and assault. Obstruction of justice and assault charges were brought against his father, Donald Rickman, his mother Arlene, and his stepbrother Daniel Mancini.


All of the charges were dismissed on Oct. 12 by Fairfax General District Court Judge Martin E. Morris, who cited a lack of evidence.


"They ought to put both (officers) behind the desk. Neither one of them are ready to work in the street," Arlene Rickman said yesterday.


"i couldn't expect much punishment even if they found them guilty. I'm surprised they're doing this much. This is like a police state. . . and they really protect their own," she said.

Almost half of the 253 complaints filed against Fairfax County Police officers last year were justified, according to a summary of an internal police study

The Washington Post



June 28, 1978, Wednesday, Final Edition


Half of Fairfax Police Complaints Valid


BYLINE: By Diane Egner, Washington Post Staff Writer


SECTION: Metro; B4


LENGTH: 544 words


Almost half of the 253 complaints filed against Fairfax County Police officers last year were justified, according to a summary of an internal police study released yesterday by the head of the 648-member force.


Only one of the valid complaints involved use of excessive physical force, according to Police Chief Col. Richard A. King. Another officer was dismissed on charges of stealing funds from a police station fund and two were disciplined for unwarranted use of their pistols, King said.


The force is currently being investigated by a federal grand jury in Alexandria because of an incident in which a 16-year-old youth claimed he was beaten by three officers who arrested him on charges of violating his parole. Also under investigation by the grand jury is the county's internal police review board, an all-officer agency that reviews charges against the Fairfax officers.


King yesterday called the percentage of justified complaints "normal," citing 238 complaints the department had recorded in 1976."There are in-excess of 250,000 contacts (by policemen) with the public every year," he said. "That's (253 complaints) not too bad."


Most of the complaints involving the officers were filed by their superiors and involved dress, conduct and disobedience of internal regulations, King said.


In addition to the dismissal of the officer accused of taking money from the police station, King said three other officers under investigation resigned from the force last year. However, the chief said yesterday he could not remember details of those incidents.


"I have nothing to hide," King said. "That's the reason for the report."


The excessive force charge stemmen from an incident involving three officers and a "small group" of people, King said. One of the officers "roughly handcuffed and put a suspect into a squad car," King said. "The incident involved the use of a foot." King said he could not remember other details of the incident. The charge resulted in th unnamed officer's suspension from the force for 10 days without pay, King said.


The unwarranted firing of guns charges resulted in a loss of two days off for each officer involved, but no suspension or loss of pay, King said. Both were cases of officers firing warning shots, an action not allowed by the department, King said.


"We do react to complaints. We do react in a positive manner," King said. "Obviously, not all complaints are valid," he said.


The study showed that, besides the 117 valid complaints, 27 other complaints could not be proved or disproved, 70 were found to be accurate but proper and lawful under the circumstances and 65 were found to be false, King said.


"We do get complaints, onsviously," King said. "But we don't get a high number." Over the years, he added, "there has been some lessening in the number of complaints about excessive use of physical force."


Of the 283 officers against whom complaints were filed last year, 44 had received prior complaints during 1976. Complaints against only three of these repeaters, however, were found to be valid by the study.


King said he has not yet compiled statistics on the number of complaints against the force for 1978, the period involved in the grand jury investigation.

Of 132 complaints citizens lodged against Fairfax County police officers last year. 28 were sustained, (By the police)

The Washington Post


June 2, 1979, Saturday, Final Edition


28 Fairfax Police Complaints Upheld


SECTION:


General News; F2


LENGTH: 222 words


Of 132 complaints citizens lodged against Fairfax County police officers last year. 28 were sustained, (By the police) according to a county police spokesman who said one officer was dismissed and a second resigned.


The report complaints was compiled by County Police Chief Richard A. King, who declined to identify the two officers no longer on the force or to describe the nature of the complaints against them.


"They were basically internal maters and I don't feel that it would be appropriate to release their names at this juncture." King said.


Complaints filed during the year included improper use of a police vehicle, improper aid or assistance to citizens and improper handling of evidence, custody or radio procedure. Only one of the 36 allegations of excessive use of force on citizens was sustained, the report said.


The report also said most complaints resulted in a determination that the allegation was false, that lawful and proper police procedure had been practised or that there was too little evidence to make a decision.


"There was a slight increase of about 11 in the number of citizens complaints filed. The greatest number of violations concerned 'human relations.' Eighteen (of those) violations were sustained," said a police spokesman. He added those cases involved harsh, profane or insolent language.

Police brutality charges brought by the father of a 16-year-old Fairfax County youth who witnesses said was beaten while being arrested

The Washington Post


March 30, 1978, Thursday, Final Edition


Va. Policeman Is Cleared of Beating Youth;


Brutality Charges Dropped Against Policeman in Fairfax


BYLINE: By Blaine Harden, Washington Post Staff Writer


SECTION: Metro; C1


LENGTH: 676 words


Police brutality charges brought by the father of a 16-year-old Fairfax County youth who witnesses said was beaten while being arrested at a Franconia roller rink in January were dismissed yesterday by Fairfax County Police Chief Col. Richard A. King.


King said he accepted the decision of a police trial board, which found that Officer Keith M. Florence did not use "excessive physical force" in the Jan. 6 arrest of Howard L. Cadle of 6707 Wakefield Dr. at the Franconia Roller Rink.


Florence is one of three county policemen from the Franconia district station who arrested Cadle on a Juvenile Court warrant for violating probation. Witnesses to the arrest, which took place in the back room of the rink, said they saw policeman hit Cadle, who was wearing roller skates, repeatedly on the head and shoulders with their billy clubs.


King said yesterday that "in the process of arresting Cadle, the officers resorted to force, which required that Cadle be given medical treatment." The youth was treated at Mount Vernon Hospital after the arrest for scalp cuts and multiple bruises on the shoulders and back.


Brutality charges against the other two arresting officers, Robert T. Hubbard and James F. Kelly Jr., were dismissed without a trial board hearing because of insufficient evidence, King said.


King did not release a police version of why Calde was injured during the arrest, and he refused comment on how the decision was made to drop charges against the officers. King said all findings of the police department's internal affairs section are not public information. He asked that the public "have a little faith" in the integrity of his police force.


Lacy Cadle, the father who filed the brutality charges, said yesterday he was "totally surprised" at the police findings. He said he was planning further action in the matter that will be "independent of what the police do." Cadle's attorney, Thomas H. Dameron, called yesterday's decision "extremely unfortunate."


In his announcement yesterday, King said he was breaking a precedent for the county police by publicizing internal affairs action. He said the announcement was made to "assure the public that we do an in-depth investigation."


Three of the five other major police departments in the Washington area make public the findings of police trial boards, which usually are three or four persons panels made up of police officers or citizens. Arlington, Prince George's County and the District of Columbia release trial board findings, police spokesmen said yesterday.


In Alexandria, trial board information is not released, and in Montgomery County releas is up to the chief of police.


King said yesterday he opposes the release of all trial board findings because of his feeling that internal affairs information "in general" should be kept secret.


King was asked about other recent allegations of police brutality stemming from a melee at a Rte. 1 night club on March 18. Several patrons of the One South Restaurant Night Club have filed brutality complaints, claiming that police went on a rampage in the club, striking and arresting patrons who were doing nothing illegal. King said he could not comment on the matter because it was under investigation.


"It is a sign of the times," King said, that complaints about brutality are made "that may or may not have foundation." He said also the police department screens its employes carefully, "We don't have any sadist on the department," he said.


The trial board that found Florence did not use excessive force arresting Cadle was made up of a police captain, two lieutenants and two officers of Florence's own rank.


Because of a new law passed this year by the Virginia legislature, the so-called "policeman's bill of rights," the make up of trial boards after July 1 will be changed. The police department will choose one member, the defendant will choose another and the third member will be chosen by the first two.


The law applies to all police departments in the state with 10 or more members.

Case Dropped Against Family Involved in Clash With Police

The Washington Post



October 14, 1979, Sunday, Final Edition


Case Dropped Against Family Involved in Clash With Police


BYLINE: By Ronald D. White, Washington Post Staff Writer


SECTION: Metro; B3


LENGTH: 292 words


A Fairfax County judge has dismissed all charges against members of a Groveton family involved in an August scuffle with police and criticized two police officers in the process. General District Court Judge Martin E. Morris threw out all the charges because he said he could not find "one scintilla of evidence" to support the initial drunk driving charge that prompted the incident.


With that, Morris dropped a series of charges against Timothy Rickman, 20, of 3408 Memorial Dr. and members of Rickman's family. The family has contended that the two officers who arrested Rickman attacked them without provocation in their own front yard.


"I feel great," Rickman's father, Donald Rickman, 52, said in an interview yesterday. Everything worked out for the best. It [the court decision] took a helluva load off all of us. Our family sticks together."


Judge Morris action, taken in a Friday court session, will not end the case. Fairfax County police spokesman Warren R. Carmichael said yesterday that the department's internal affairs section is continuing an investigation into the incident and that its report will take at least another week to complete.


"It was [Police Chief Richard A.] King's feeling that our investigation can't be considered complete until the court case was completed," Caramichael said.


In addition to the drunken driving court, the judge also ordered assault and obstructing justice charges dropped against Donald Rickman, his wife, Arline, a stepson, Daniel Manchini and Timothy Rickman.


The arresting officers, patrolmen James Cavender and Jerry L. Bowers, contended that the family had attacked that the family had attacked them after they had attempted to arrest Timothy Rickman.

A jury found yesterday that a Fairfax County police lieutenant retaliated against a female civilian employee

The Washington Post



February 25, 1995, Saturday, Final Edition


Jury Declines Award For Officer Who Wins Suit


SECTION: Metro; B02, AROUND THE REGION, ME


LENGTH: 252 words


A jury found yesterday that a Fairfax County police lieutenant retaliated against a female civilian employee who had complained about sexual harassment at work, but declined to award the woman any money.


Andrea Moss, 34, a communication aide assigned to the department's Franconia station, said she felt vindicated by the ruling in her lawsuit against the county and Lt. Larry Jackson.


The verdict came after a three-day trial in U.S. District Court in Alexandria.


Moss claimed that Jackson had harassed her because she would not strike up a personal relationship with him. Among other things, she testified that he made up a list of phony disciplinary charges against her in February 1993 after learning she had filed an internal complaint against him.


Jackson denied the allegations. Before the case went to the jury, Judge Leonie M. Brinkema dismissed a claim of sexual harassment, saying evidence was lacking. The judge also dismissed the county and Police Chief Michael W. Young as defendants, leaving only Jackson's fate to the jury.


The lawsuit initially sought $ 1 million in damages on behalf of Moss and three female police officers who also alleged that Jackson harassed them. The charges made by the other women, who alleged abuses dating to 1982, were dropped from the case after Brinkema ruled their complaints were not timely filed.


Jurors found that Jackson retaliated after Moss filed her internal complaint and said that by doing so, he violated her right to free speech.

A federal grand jury has begun an investigation into allegations that three Fairfax County policemen needlessly beat a 16-year-old youth

The Washington Post



June 3, 1978, Saturday, Final Edition


Police Brutality Charge Probed by Grand Jury;


Grand Jury Probes Charge of Fairfax Police Brutality;


Fairfax Officers to Testify


BYLINE: By Jane Seaberry, Washington Post Staff Writer


SECTION: Metro; C1


LENGTH: 718 words


A federal grand jury has begun an investigation into allegations that three Fairfax County policemen needlessly beat a 16-year-old youth they were arresting and that a county police trial board may have attempted to cover up the incident.


The officers - one of whom was earlier exonerated by a county police trial board composed entirely of police officer - have agreed to appear voluntarily before the grand jury, county officials yesterday told a federal judge in Alexandria.


Assistant U.S. Attorney Frank W. Dunham said the grand jury "will not only focus on the conduct of these three officers, but the conduct of the officers who reviewed" the incident. The jury is attempting to determine "if the police trial board acted properly or swept it (the incident) under the rug," Dunham said.


Disclosure of the grand jury investigation came yesterday morning as lawyers for the county attempted to quash a subpeona for a transcript of a statement that one of the officers made to the trial board. The officer, Keith M. Florence, made the statement under a grant of immunity from state prosecution and under a threat of losing his job, Jack Gould, assistant Fairfax County attorney, told U.S. District Judge Albert V. Bryan Jr.


Dunham said he did not know what Florence said in the statement and that was why the government was attempting to obtain it by a subpoena. The trial board's proceedings are closed and Fairfax police have refused to release details of their internal investigation into the incident.


Bryan refused the county's request, but set limits on the use of the statement in the investigation. Dunham had said that the statement would be used only to check on the officers' testimony before the grand jury and would not be used at any trial, if the officers are indicted.


The incident, which Gould said marks the first time federal authorities have investigated the county police for their conduct, grows out of the Jan. 6 arrest of Howard L. Cadle at roller skating rink in the Franconia section of the county.


Witnesses to the arrest have said they saw policemen hit Cadle repeatedly on the head and shoulders with their billy clubs. Lacy Cadle. The youth's father, filed brutality charges against the three officers, but on March. 29, Fairfax County Chief Col. Richard A. King dismissed the charges.


King said he accepted the decision of the trial board that found that Florence did not use "excessive physical force" in arresting Cadle. Brutality charges against the other two officers. Robert T. Hubbard and James F. Kelly Jr., were dismissed without a trial board hearing because of what King said was insufficient evidence.


All three officers are currently on duty on the Fairfax County force.


The grand jury probe is itself an outgrowth of an FBI investigation of the arrest, a Justice Department source said. It could not be learned yesterday who initially requested the investigation.


A Justice Department official said that the department receives between 12,000 and 15,000 complaints a year against police officers, but that only about 80 of the complaints are taken before a grand jury. About 60 of the cases result in indictments, the official said.


The official said the federal investigation is being conducted under the 1968 Civil Rights Act which makes officers who violated the civil rights of an individual subject to a fine of up to $1,000 and a year in jail.


"We're no different from any other police department in the country," said Fairfax Chief King yesterday. The grand jury investigation "of itself is not a conviction or a trial," he said.


Since King dismissed the brutality charges, Cadle's father has filed a $20,000 damage suit against the officers in federal District Court.


In their answer to the suit, the officers denied Cadle's version of the incident. They said in court papers, however, that "any injury or damage suffered by" Cadle was caused by his "wrongful acts and conduct and the willful resistance to a peace officer" in the discharge of his duties.


The force used by the officers "if any . . . was reasonable and necessary under the circumstances" and was caused by Cadle's assault and battery on the officers, according to the court papers. Their actions were lawful and in self-defense, the officers said.

Fatal Shooting Was Accidental,Police Say;

The Washington Post

November 18, 1987, Wednesday, Final Edition

Fatal Shooting Was Accidental,Police Say;

Fairfax Officer Reportedly Startled

BYLINE: Patricia Davis, Washington Post Staff Writer

SECTION: METRO; PAGE C2

LENGTH: 479 words

The fatal shooting of a drug suspect by an undercover police officer on Monday was an accident that occurred after the suspect startled the officer, Fairfax County police said yesterday. The police department's findings that "an unintentional reflex" caused the officer's gun to discharge will be forwarded to the county's chief prosecutor, who will decide whether the shooting was a criminal violation.Police said the officer, Investigator Irene M. Boyle, will remain on administrative leave pending the prosecutor's review.

"This was strictly an accident," Col. John E. Granfield, chief of police, said yesterday. "She fired it but without any intention of having it fired." Police, who could not identify the man on Monday, said yesterday that the victim was 27-year-old Jose Carlos Rodriguez of no fixed address. They said the difficulty in identifying Rodriguez stemmed from his prior use of seven aliases and six birthdates.Police said investigators had negotiated to purchase two ounces of cocaine from Rodriguez for $ 2,700 and planned to meet him late Sunday in the parking lot behind a dry cleaners in Baileys Crossroads.Rodriguez drove to a dark section of the parking lot in his rented pickup truck, and an investigator agreed to purchase one ounce of cocaine, all that Rodriguez had with him, police said.The investigator then alerted other officers in marked and unmarked cruisers, police said. They said Boyle, an 11 1/2-year veteran of the department, walked to the truck with her weapon drawn to provide coverage for another officer.At first, Boyle did not see Rodriguez, but as she came within a foot of the truck his face suddenly appeared at the window of the cab. "He kind of came up like a jack in the box," said Granfield. "It startled her, and she shot the gun."Police said one bullet struck Rodriguez in the head, and he was taken to Alexandria Hospital, where he died a short time later. No weapon was recovered from Rodriguez's vehicle, they said.Had the transaction not gone awry, police said they would have charged Rodriguez with possession of cocaine with intent to distribute, a felony.Granfield said yesterday that the actions by Boyle, 33, were in accordance with police procedures.That Boyle had her service revolver "out and drawn" was proper procedure, Granfield said. He noted that in virtually every undercover drug arrest made by county police, the suspects are heavily armed.Generally police department policy states that deadly force shall not be employed except as a last resort, but Granfield said Boyle had no intention of shooting the weapon.Commonwealth's Attorney Robert F. Horan Jr. said yesterday that he will review the autopsy results and the findings of the police department's investigation, which was conducted jointly by the homicide department and the internal affairs section.

The case was the second involving the police tactical unit to draw a judicial rebuke in the spring of 2000

The Washington Post


March 25, 2003 Tuesday


Final Edition


Man Guilty in Confrontation With Police;


Fairfax Judge Called Officers' Entry Illegal in 2000 Incident, Then Reversed Himself


BYLINE: Tom Jackman, Washington Post Staff Writer


SECTION: METRO; Pg. B07


LENGTH: 797 words


A man whose shooting by Fairfax County police three years ago sparked sharp criticism from a judge was convicted yesterday of assaulting a police officer. The jury recommended a three-year sentence for Keith B. Davis, now 63.


The case was the second involving the police tactical unit to draw a judicial rebuke in the spring of 2000. The Virginia Court of Appeals earlier strongly scolded tactical officers who illegally entered an apartment during a 1997 drug investigation; prosecutors then dropped the case.


Davis's case began one night in January 2000 when he shot at black-clad tactical officers as they piled into his townhouse, and was shot in the face in return. Fairfax Circuit Court Judge Stanley P. Klein promised in a pretrial ruling in 2000 that he would instruct the jury that the police entry had been illegal, but he reversed himself last week after hearing all the evidence, including Davis's testimony.


Klein did instruct jurors that they could acquit Davis if they found that he had acted in self-defense. After deliberating for two days last week and two hours yesterday, they voted to convict.


In January 2000, Davis was in the 12th month of a hunger strike to protest the 1978 suspension of his law license in Minnesota. He moved to the Washington area in 1985.


Davis posted regular updates on his protest and hunger strike on the Internet and began e-mailing and faxing Fairfax police and the FBI, warning them not to intervene. On Jan. 24, 2000, he e-mailed his last will and testament to his son, who alerted authorities.


Fairfax police consulted with mental health officials, who had visited Davis before. Authorities decided to obtain a temporary detention order allowing police to take Davis to a treatment facility. That night, Lt. Tom Trapp of the tactical unit, wearing civilian clothes, knocked on Davis's door in the 3000 block of Southern Elm Court, near Fairfax Circle.


Trial testimony indicated that Trapp tried to lure Davis outside by telling him his parked car had been hit. Three tactical officers in black jumpsuits with "POLICE" written on their chests crouched nearby.


When one of the officers leaned forward, he crunched some frozen snow. Trapp and Davis looked his way, and Trapp testified that he tried to grab Davis and pull him outside. Instead, Davis spun away and ran inside.


Three officers charged in after him. Davis testified he pulled a 9mm pistol out of his waistband. Officer Don Cooke said that Davis fired one shot, which missed him, and that he responded with two shots, one of which hit Davis in the face. A second officer then fired five "beanbag" rounds at Davis, and he was taken into custody.


In May 2000, Davis's attorney filed a motion to suppress the evidence of Davis's shot, arguing that it was in response to an illegal entry. Klein declined but did issue a blistering criticism of police.


"Some of the judges of this court have reluctantly concluded that some members of the [tactical] unit see the Fourth Amendment as a distraction they need to work around rather than a requirement of the United States Constitution," he said.


Klein noted that Virginia law allows a person to use reasonable force to repel an illegal arrest, and that he would instruct the jury that "the issue for them . . . is whether the force that was utilized by Mr. Davis was, in fact, reasonable."


The trial was delayed for more than two years after Davis was found mentally incompetent. That finding was reversed in September.


When Davis gave his version of events on the witness stand last week, he undercut the judge's intentions. Davis said he didn't know it was the police at his door, or that Trapp's fender-bender story was a ruse. He said he didn't see the crouching tactical officers or hear them crunch the snow.


Davis said Trapp hit him hard in the chest, then dove out of the way. He then saw "this mass of black," he said, describing the three tactical officers. But even after they entered his home, Davis said, he still didn't identify them as police.


Assistant Commonwealth's Attorney John Murphy argued that Klein shouldn't tell the jury the police entry was illegal if Davis didn't know it was the police. Public Defender Martin W. Lester responded that Davis "believed that no one had a legal right to interfere" with his hunger strike.


Davis faced a maximum five-year prison sentence. He has served more than two years in Central State Hospital, where he was treated for mental illness. He told the jurors they had "convicted an innocent man."


A police spokeswoman, Lt. Amy Lubas, said in a statement yesterday that the tactical officers twice identified themselves as police before Davis shot at them.


"Far from reckless, this operation was meticulously planned to minimize risk to everyone involved," she said.

Fairfax Police on Stakeout Slay Custodian at Va. School

The Washington Post



December 30, 1978, Saturday, Final Edition


Caretaker at Fairfax School Slain by Police;


Police on Stakeout Slay Custodian at Va. School


BYLINE: By Athelia Knight, Washington Post Staff Writer


SECTION: First Section; A1


LENGTH: 589 words


There had been a series of burglaries at the secluded, red-brick Talent House Private School off Arlington Boulevard, troublesome enough for owner Eldon Merritt to offer a $500 reward to his employes for help in stopping the crimes.


In the early hours of yesterday morning, part-time school custodian John Jackson, 33, of Manassas, armed with a 22 caliber revolver, returned to the darkened school building, drove up its long, tree-lined driveway and let himself through the kitchen door.


According to accounts pieced together yesterday, Jackson, a trusted worker at the school where he had been employed for six or seven years, believed the single-story structure was empty. It was a fatal mistake.


Waiting quietly inside, unknown to Jackson -- and to do the school's owner -- were two Fairfax County police officers staking out the premises.


Police said yesterday that the two, Offices David Lubas and Nancy Lutz, both in plain clothes, confronted Jackson and ordered him to put down his weapon. Jackson raised his hand, police said, Lubas fired three times, striking Jackson twice in the torso and once in the hand.


Jackson, who did not return the fire, was taken to Fairfax Hospital where he died at 3:37 a.m.


Lubas, a three-year veteran of the county police force, was placed on administrative leave yesterday pending the completion of an internal police investigation of the incident.


Merritt said yesterday he was shocked by Jackson's death. "I thought he was a terrific man. I thought the world of John. He would never take anything. I trusted him."


David Feldman, an attorney and friend of the Jackson family who said he had been asked to look into the death, said. "I just can't understand how the man got killed. I don't know whether it was somebody got trigger happy or what. It's one damn terrible mistake."


According to police and Merritt, the school, located at 9211 Arlington Blvd., had been burglarized five times between Oct. 20 and Nov. 5. Television sets, money and food were taken in the burglaries.


Officers from the Mason District station had staked out the school on 20 nights since Nov. 5, police said.


"I don't know why it happened,"


Merritt said, however, that he was unaware of the stakeouts. He said police apparently were given a key to the school by an assistant director on the staff. Merritt said Jackson was unaware of the stakeout.


said Merritt, who closed the school yesterday because of the shoting, "A good man's life was lost."


According to the police accourt, Lubas and Lutz arrived at Talent House after midnight. Officers on the stakeout generally went to the school after the cleaning crew had left, police said, and stayed until about 5 a.m.


Jackson, who also held a fulltime job as a laborer for Vepco, had cleaned the school, with this wife's help, on Thursday night. Then he drove his wife to Manassas and left her with the couple's 2-year-old daughter before returning to Fairfax.


Jackson arrived at the school about 1:30 a.m. He let himself in the back door with his key and walked in the back the ktchen. Lubas and Lutz stood silently in the main office where they could watch both the front and back entrances.


Police said Lubas then appeared at the kitchen doorway, indentified himself as a police officer and ordered Jackson to drop his gun. When Lubas fired. Police did not say whether the rooms' lights were switched on.


Deputy Police Chief Kenneth R. Wilson yesterday declined to comment on the case.

District resident is demanding $ 60 million from Fairfax County officials, alleging that he suffered permanent brain damage early last year when police clubbed him

The Washington Post



September 14, 1990, Friday, Final Edition


D.C. Man Sues Fairfax Over Police Clubbing;


Officer Was Fired After 1989 Incident


BYLINE: Robert F. Howe, Washington Post Staff Writer


SECTION: METRO; PAGE B4


LENGTH: 559 words


A District resident is demanding $ 60 million from Fairfax County officials, alleging that he suffered permanent brain damage early last year when police clubbed him after he was handcuffed and subdued for traffic violations.


Victor M. Cruz, 33, alleged in a civil suit filed yesterday in federal court in Alexandria that Sgt. R.L. Smith and unnamed officers used excessive force when they arrested him after what police described as an eight-mile, high-speed chase.


Cruz, a Salvadoran native who came to the United States seven years ago, also claimed that Chief of Police John E. Granfield and the Board of Supervisors have failed to properly train and discipline county police officers.


Joel A. Skirble, Cruz's attorney, described the incident as a mugging and said the suit notifies police "that this kind of criminal behavior against defenseless minorities will no longer be tolerated."


At a news conference yesterday in his office, Skirble said he found it "ironic that the same kind of police brutality that Mr. Cruz sought to escape in El Salvador ends up victimizing him just a few miles from our nation's capital."


Fairfax police spokesman Warren Carmichael said the department had not received a copy of the suit and would not comment on the incident or the allegations. Carmichael also declined to comment on past or ongoing brutality claims against Fairfax police.


Assistant County Attorney Robert M. Ross would not discuss specific cases but said that in the last two years there have been cases in which officers were disciplined and sometimes removed from the force for using excessive force.


Smith was fired shortly after Cruz was arrested the night of April 27, 1989, according to law enforcement sources. An FBI investigation into Smith's conduct determined there were no grounds for filing criminal charges against the officer and the investigation was dropped, sources said.


The incident began when a Loudoun County sheriff's deputy observed a car traveling south in the northbound lane of Route 28 near Dulles International Airport, according to the Loudoun Sheriff's Department.


Fairfax police picked up the car after it ran stoplights at the Dulles Toll Road and Route 50 intersections, law enforcement officials said at the time. The pursuit ended when police, following procedure, rammed Cruz's car, police said.


Cruz was charged with several misdemeanors, including driving while intoxicated, driving on a suspended license, reckless driving and failing to stop for police. Skirble said his client pleaded guilty to some of the charges and served 32 days in jail.


Skirble said that the police department's quick action against Smith in no way exonerates Fairfax officials. "Should they get credit for firing him? No. They should never have hired him," Skirble said.


Smith could not be reached for comment.


Skirble added that Cruz, who was treated for two cuts above his left eye, did not resist arrest after police stopped his car and that the officer had no reason to use force. "I don't believe a police chase and intoxication gives a police officer the right" to club a suspect, Skirble said.


Cruz and his wife, Maria Claibel Cruz, are seeking $ 30 million in punitive damages and $ 30 million in compensatory damages against all nine county supervisors, Chief Granfield and former sergeant Smith.