Manchester Cop Suspended For Excessive Force
MANCHESTER — A police
officer was suspended recently after an internal investigation found he used
excessive force on a prisoner at police headquarters.
Officer Jason Wagner
was suspended without pay for five days, Police Chief Marc Montminy said
Wednesday. Montminy said he agreed with an investigation by Lt. David Ellsworth
that found Wagner's use of force was both "unnecessary and
excessive."
The unnamed prisoner
was not injured and did not file a formal complaint, Montminy said. The
investigation began after a review of video recordings in the booking area, he
said. The internal affairs report says Capt. William Darby asked Ellsworth to
launch an investigation.
Two videos from
different angles, which Montminy showed to a reporter but did not release, show
Wagner leading a prisoner into the booking area on Aug. 20 at about 5:10 p.m.
The man had been driving a car that crashed at Charter Oak and Spruce streets.
He appeared to be drunk and was arrested after failing field sobriety tests,
police said. Montminy said he redacted the man's name from the internal
investigations report because the report mentions the man's mental health and
addiction problems.
As Wagner is leading
the prisoner into the booking area, a police service aide, a non-sworn
attendant in the booking area, is heard saying, "I witnessed that,"
after the prisoner head-butted a door frame. Once at a caged area where
prisoners are fingerprinted and sign forms, the video shows the man again
knocking his own head against a steel door frame.
Wagner can be heard
yelling at the prisoner to "knock it off!" The video shows the
officer standing directly behind the handcuffed prisoner. When the man turns
his head back toward Wagner, their faces just inches apart, Wagner grabs the
man around the neck and forces him to the floor, placing a knee on the man's
chest.
The two police
service aides who were in the booking area at the time both said they did not
consider Wagner's actions to be excessive, the report says. The video does not
show Wagner hitting or kicking the prisoner, but Ellsworth found that the
officer "acted inappropriately when he brought (the unnamed prisoner) to
the ground in the manner in which he did.
"Officer Wagner
was never trained in performing take-downs in this manner," Ellsworth
wrote. "There were clearly other options available to Officer Wagner and
this method could have caused significant injury."
Wagner told
Ellsworth, according to the report, that he wanted to avoid being hurt by the
prisoner.
"I did not know
what he was going to do, the way he was acting he was banging his head,"
Wagner told Ellsworth, according to the report. "I didn't know if he was
going to spit on me if he was going to swing his head at me or what his
intentions were."
Wagner called a
superior that night about the incident, according to the report. Two
Breathalyzer tests on the man showed his blood-alcohol content at .176 and
.196, both more than twice the legal limit for drivers. The man was charged
with driving under the influence, evading responsibility and reckless driving
and taken to Manchester Memorial Hospital for treatment and mental health
evaluation.
Sgt. John Rossetti,
head of the police union, said he had no comment on Wagner's suspension.
County settles suit alleging false arrest, excessive force
Sedgwick County kansas commissioners voted unanimously
Wednesday after an executive session to pay $75,000 and mediation fees to
settle a federal lawsuit filed by a former jail inmate who alleged false arrest
and excessive use of force.
The county admitted no wrongdoing in the case, filed against
the sheriff’s office, Sheriff Jeff Easter, former Sheriff Robert Hinshaw and
three sheriff’s deputies, attorney Ed Keeley said. The county hired Keeley to
represent it in the case.
“The defendants deny claims of excessive force and false
arrest,” Keeley said Wednesday. “We continue to deny the claims and do not
admit liability. We wish the lawsuit to be over to avoid the costs of going to
trial.”
Phillip G. Henderson alleged that on July 23, 2012, a
sheriff’s deputy falsely arrested him after Henderson left the Citi Host Motel
on South Broadway. The deputy “immediately pulled in behind the plaintiff’s
vehicle because he was curious as to why the plaintiff was at the Citi Host
Motel,” the lawsuit alleged.
Henderson drove two blocks to Bill and Mary’s Bar and
“despite the fact that plaintiff signaled his intention to turn left
continuously for approximately 190 feet before turning,” the deputy pulled
Henderson over for failing to signal to turn, according to the lawsuit.
The deputy arrested Henderson on suspicion of driving while
under the influence.
The lawsuit admits that Henderson “was intoxicated and made
numerous profane, belligerent and rude comments while in transport.” But
Henderson argued that the deputy “but for the illegal stop of plaintiff’s truck
… would not have been in a position to make observations that led to his belief
that plaintiff was under the influence of alcohol.”
Henderson alleged in the lawsuit that after arriving at the
jail, the deputy “forcibly shoved” him to the ground after Henderson moved
toward him and “struck him in the back of his head, causing his face and head
to repeatedly strike the floor.”
Other deputies “repeatedly kicked, stomped, beat and punched
plaintiff about his body for approximately 20 seconds,” the lawsuit alleged.
Mark Schoenhofer, Henderson’s lawyer, said Wednesday that
Henderson still suffers from a knee injury and sustained three fractures in his
back.
“We’re happy that Mr. Henderson has received compensation
for the injuries he received out of that incident,” Schoenhofer said after the
commission meeting. Schoenhofer also noted that the DUI case against Henderson
was dismissed.
Jury Deliberating in Manslaughter Trial of Former Alexander Police Officer
ALEXANDER, AR - A jury is now deliberating in the manslaughter trial of a former Alexander police officer.
Nancy Cummings is accused in the September 2012 shooting death of Carleton Wallace that happened while she was working patrol.
We'll have more as we learn new information from the courtroom.
Original story (October 3):
ALEXANDER, AR - The trial for a former Alexander police officer charged with manslaughter is under way.
Nancy Cummings pleaded not guilty after being arrested for shooting and killing Carleton Wallace while working patrol in 2012.
The former officer said she saw Wallace walking down the road with a gun in his waistband, which he then tossed into the woods. Cummings says during the subsequent search of Wallace, her gun went off accidentally.
The Alexander Police Department confirmed that Cummings had not been trained to patrol the streets, which is allowed under state law.
Trial wraps up for former Pittsburgh police officer charged with homicide
The prosecutor agreed
Wednesday that former Pittsburgh police officer Adam
Lewis had no intent to harm the passenger on his motorcycle in
the early morning hours of Sept. 26, 2010.
But the prosecutor, Lisa
Carey, said the man intentionally chose to get on his motorcycle after he had
been drinking to drive Jessica Lojak home.
"I think he did act in a
reckless and grossly negligent manner," Ms. Carey said. "He
chose to speed after he ingested alcohol. He knows there's a dangerous
curve coming up."
Mr. Lewis, who has since been
fired from the police bureau, is charged with homicide by vehicle
and driving under the influence for the crash on Mifflin Road about
2:30 a.m.
Ms. Lojak, 28, of Fawn, was
killed.
Mr. Lewis testified Tuesday
during his nonjury trial before Allegheny County Common Pleas
Judge Jeffrey A. Manning that as he was traveling through a curve in the
road, he felt Ms. Lojak's weight shift, causing him to lose control of the
motorcycle.
It traveled into the oncoming
lane of traffic and was struck by an SUV.
Investigators testified that
Mr. Lewis took the curve at about 41 mph -- in a 25-mph speed zone -- and that
his motorcycle was leaning over too far.
Both sides agreed that Mr.
Lewis' blood alcohol level at the time was 0.108 -- above the legal
limit of 0.08 in Pennsylvania.
William Difenderfer, who
represents Mr. Lewis, said his client had three to five beers earlier in the
night, and that none of the friends with whom he had been at Rivertowne Pub
& Grille in North Huntingdon thought it was unsafe for him to drive.
Mr. Lewis received a call
during the night asking him to meet his fiancee and her friends, who were out
for her bachelorette party, asking if he would meet them in the South
Side so they could follow him back to his house.
Ms. Lojak, who had previous
experience riding on motorcycles, asked if she could ride on the back of Mr.
Lewis' with him.
"It goes from probably
one of the best nights to a tragedy words can't even describe with the death of
Jessica Lojak," Mr. Difenderfer said. "There would be no reason for
him to have any intention of riding fast or reckless."
There was testimony at trial
that Mr. Lewis safely negotiated a number of raised manhole covers
along Carson Street, which was being resurfaced at the time.
"Nowhere in the record
is there any sign of intoxication of Mr. Lewis," Mr. Difenderfer
said.
But Judge Manning
responded that based on Mr. Lewis' blood alcohol level, driving would be
illegal whether he was doing it safely or not.
Judge Manning said he would
announce the verdict on Tuesday.
Paula Reed Ward: pward@post-gazette.com, 412-263-2620 or on Twitter
@PaulaReedWard.
First Published October 3, 2013 12:00 am
First Published October 3, 2013 12:00 am
Arcadia Police Officer Charged with Embezzlement
ARCADIA – Los Angeles County District Attorney’s Office
investigators yesterday obtained a felony arrest warrant for former Arcadia
Police officer Christian Blesch, 36, charging grand theft.
The warrant was the result of an on-going criminal
investigation into allegations that Blesch, a six-year employee of the
department, feloniously stole money from the Arcadia Police Officers’
Association over a period of several months.
Arcadia Police Department command staff became aware of the
allegations in March of this year, and soon thereafter relieved Blesch of duty,
placing him on paid, administrative leave – pending the outcome of the L.A.
County DA’s investigation into the thefts. As of September 24, 2013, Blesch was
no longer employed by the Arcadia Police Department.
The District Attorney’s Office arranged with Blesch to
voluntarily turn himself in upon issuance of the warrant and he surrendered to
the Los Angeles Superior Court on October 2, 2013.
Philadelphia police officer suspected of drunken driving in Upper Darby head-on crash
UPPER DARBY — A 42-year-old
Philadelphia police officer has been placed on desk duty after he was allegedly
involved in an off-duty drunken driving incident that resulted in a head-on
crash on State Road on Sept. 15.
Levaun J. Rudisill, 42, allegedly told the arresting officer he had “a few beers” at the Eagles game prior to getting behind the wheel of his Dodge Ram pickup and veering into oncoming traffic, striking another vehicle head on, police said.
Police Superintendent Michael Chitwood said the information he’s received is that Rudisill is an officer with Philadelphia’s Narcotics Squad and was off-duty at the time of the crash.
Philadelphia police would not name the officer, as he has been issued a summons and has not yet been arraigned, but did say they are aware of the incident and are taking appropriate action.
“The officer was not officially arrested, he was informed he was required to surrender to Upper Darby police regarding the accident and DUI investigation,” Philadelphia Police Public Affairs Officer Tanya Little said Thursday afternoon. “Based on that information, the officer has been placed on desk duty until the outcome of the investigation is completed by Upper Darby.”
“It is also being monitored here by us by Internal Affairs,” she added.
The crash occurred at about 8:30 p.m. at State Road and Park Avenue, police said.
Investigators determined that Rudisill’s pickup crossed the center double line and struck a 2006 Chrysler 300 sedan head on, according to Chitwood. The off-duty officer appears to have attempted to swerve, but was unable to avoid striking the other vehicle, police said.
The operator of the Chrysler, an 18-year-old male, was transported to Delaware County Memorial Hospital, where he was treated for injuries sustained in the crash and later released.
While speaking with Rudisill, the responding officer detected a strong odor of alcohol on his breath, police said. When asked if he’d been drinking, Rudisill allegedly responded by saying he’d had a few beers at the Eagles game.
“He was asked to submit to a field sobriety test, which he did and which he flunked,” Chitwood said.
Rudisill was taken into custody and transported to Delaware County Memorial Hospital for chemical testing, which he allegedly refused. He was later released to his fiancee. That is customary unless there are extenuating circumstances, Chitwood said.
Rudisill is facing charges of driving under the influence, careless driving and failure to keep on the right side of the highway. He is scheduled to appear in Upper Darby District Court before Magisterial District Judge Ann Berardocco on Oct. 30.
Levaun J. Rudisill, 42, allegedly told the arresting officer he had “a few beers” at the Eagles game prior to getting behind the wheel of his Dodge Ram pickup and veering into oncoming traffic, striking another vehicle head on, police said.
Police Superintendent Michael Chitwood said the information he’s received is that Rudisill is an officer with Philadelphia’s Narcotics Squad and was off-duty at the time of the crash.
Philadelphia police would not name the officer, as he has been issued a summons and has not yet been arraigned, but did say they are aware of the incident and are taking appropriate action.
“The officer was not officially arrested, he was informed he was required to surrender to Upper Darby police regarding the accident and DUI investigation,” Philadelphia Police Public Affairs Officer Tanya Little said Thursday afternoon. “Based on that information, the officer has been placed on desk duty until the outcome of the investigation is completed by Upper Darby.”
“It is also being monitored here by us by Internal Affairs,” she added.
The crash occurred at about 8:30 p.m. at State Road and Park Avenue, police said.
Investigators determined that Rudisill’s pickup crossed the center double line and struck a 2006 Chrysler 300 sedan head on, according to Chitwood. The off-duty officer appears to have attempted to swerve, but was unable to avoid striking the other vehicle, police said.
The operator of the Chrysler, an 18-year-old male, was transported to Delaware County Memorial Hospital, where he was treated for injuries sustained in the crash and later released.
While speaking with Rudisill, the responding officer detected a strong odor of alcohol on his breath, police said. When asked if he’d been drinking, Rudisill allegedly responded by saying he’d had a few beers at the Eagles game.
“He was asked to submit to a field sobriety test, which he did and which he flunked,” Chitwood said.
Rudisill was taken into custody and transported to Delaware County Memorial Hospital for chemical testing, which he allegedly refused. He was later released to his fiancee. That is customary unless there are extenuating circumstances, Chitwood said.
Rudisill is facing charges of driving under the influence, careless driving and failure to keep on the right side of the highway. He is scheduled to appear in Upper Darby District Court before Magisterial District Judge Ann Berardocco on Oct. 30.
Seattle man left homeless after crack bust by cop later fired for dishonesty wants state to pay up
A Seattle man who lost it all after his arrest by a King
County sheriff’s deputy later fired for dishonesty may now be among the first
of Washington’s wrongly convicted to get back a piece of what was taken
from him.
James Simmons was a well-paid IT contractor in November 2006
when King County Deputy James Schrimpsher arrested him on suspicions he’d seen
Simmons dealing cocaine at a University District bus stop. A King County jury
subsequently convicted the 53-year-old of dealing cocaine.
Three months later, Schrimpsher – who’d been assigned to
police King County Metro buses – was fired for dishonesty related to another
U-District drug arrest. Schrimpsher is now a detective with the Algona Police
Department; speaking Thursday, Schrimpsher said he stands by "every
arrest" he made as a deputy.
Schrimpsher’s dishonesty cost him a job. The ex-deputy’s
testimony cost Simmons that and more.
Jailed for a year, Simmons lost his security clearance and,
with it, his work. The felony drug conviction ruined friendships and set him on
a path that ultimately ended with him homeless on Seattle’s streets.
“My family and friends cut me out of their lives and I lost
my ability to be a productive member of society,” Simmons said in a letter to
the court. “I am currently homeless and have repeatedly been denied employment
because the record in this case continues to appear on
background searches. …
“I would like to be able to rebuild the life that was taken
from me.”
Having spent 30 years working steadily in information
technology, Simmons, now 53, found himself homeless and unable to find an
employer willing to hire him because of his criminal record.
Simmons has since been exonerated following a series of
appeals. Now, he may become one of the first former inmates wrongly convicted
in Washington to be paid for his hard time under a new state law.
Enacted in May after winning unanimous approval from the
Legislature, the law allows exonerated ex-cons to collect $50,000 for each year
they were incarcerated and $25,000 for each year under Department of
Corrections supervision, as well as attorney fees and, in some cases, college
tuition waivers. The amount paid by the state jumps to $100,000 a year if the
inmate was housed on death row.
On signing the law, Gov. Jay Inslee acknowledged that money
cannot make up for the time and honor lost to a bad conviction.
“While the impact on the person and his or her family cannot
be quantified, some measure of compensation will help those wrongly convicted
get back on their feet,” Inlsee said in a statement on signing the Wrongful Conviction
Compensation Act.
The law does not afford convicts a new opportunity to fight
criminal convictions; only men and women who’ve seen their convictions thrown
out or reversed on retrial may sue for payment. Washington was the 28th state
to enact such a law, which has also been instituted in the District
of Columbia.
A state Attorney General's Office spokeswoman said Simmons
is the third former inmate to sue under the new law.
Convicted by a King County jury in August 2007, Simmons was
exonerated in early 2010 after serving a year in custody.
Filing charges in 2006, King County prosecutors claimed
Schrimpsher spotted Simmons selling crack cocaine at 5 p.m. on a Tuesday at a
University District bus stop.
Schrimpsher said he saw Simmons hand cocaine to a man, who
then paid a woman standing nearby. Schrimpsher forced Simmons to the ground in
a violent arrest that saw Schrimpsher punch Simmons in the head and use pepper
spray against him; Simmons was shocked with a stun gun at least three times
during the arrest.
The deputy would later claim that Simmons, who had not been
convicted of any crime previously, tried to grab his duty pistol during the
struggle and bit him. Schrimpsher also said he collected 4.3 grams of crack
tossed out by Simmons during the arrest.
Prior to his arrest, Simmons was employed as an information
technology auditor and was working on contract in Seattle. His attorney,
Yohannes Sium, said in court papers that Simmons was earning $90 an hour for
his work when he was arrested. Simmons claimed he was simply waiting for a bus
near the corner of Northeast 45th Street
and 11th Avenue Northeast when Schrimpsher accosted him.
Charged with assaulting a police officer and dealing
cocaine, Simmons was convicted of the second offense and, on Sept. 21, 2007,
sentenced to a year in prison. By then, he’d served more than six months in
King County Jail.
Schrimpsher was fired two months later after then-King
County Sheriff Sue Rahr found he and his partner lied about another University
District drug arrest. At the time, a Sheriff’s Office spokesman – John
Urquhart, who has since been elected sheriff – remarked that “if you lie, cheat or steal, you’re gonna get fired.”
Speaking by phone Thursday, Schrimpsher denied any
wrongdoing in that arrest or any other. He said he was fired for violating the
King County Sheriff’s Office dishonesty policy when asked about an
internal investigation.
“To be honest with you, I’m better off,” Schrimpsher said
from his Algona office. “I’ve moved on. I’m in a happier place.”
Having served his time and probation, Simmons sued in
December 2009, asking that his conviction be overturned, in part because his
attorney wasn’t told of Schrimpsher’s history of dishonesty. Through the
appeal, attorney Christopher Morales faulted the prosecution for failing to
tell Simmons’ public defender the deputy was under investigation
for lying.
“Without the information from the sheriff’s office, Mr.
Simmons was reduced to asserting his word, the word of a criminal defendant,
against an officer of the law,” Morales said in the 2009 action. “Had the jury
been informed that the King County Sheriff’s Office also had reason to doubt
Deputy Schrimpsher’s truthfulness, the case would have gone differently.”
In the most recent lawsuit, Sium said Schrimpsher was
working as an evidence supervisor in Phelps County, Mo., in 2003 when it was
discovered that evidence was missing in hundreds of investigations there.
Schrimpsher said he left the department in 2001.
Then a detective with the Phelps County Sheriff’s
Department, Schrimpsher was alleged to have miraculously recovered evidence – a
small baggie of cocaine – the day before a trial after the drugs had gone
missing for nearly four years, Sium said in court papers.
Schrimpsher said his name was simply mentioned in an court
case filed in Missouri, and that he was not accused of any wrongdoing related
to the evidence handling. The detective said he left that department in good
standing before going to work for a federal law enforcement agency.
Writing the court in 2009, Simmons said he had been
searching for work without success since he was released from prison. Most
employers would not consider him, or fired him after learning of his
criminal conviction.
The King County Prosecutor’s Office did not admit fault but
declined to fight the request for dismissal “in the interest of justice.”
Superior Court Judge Greg Canova dismissed the case with prejudice in
January 2010.
While the conviction has been vacated, the charges are still
publicly accessible and the case has not been sealed. In statements to the
court, Simmons said the mere existence of the charges – dismissed or not – has
prevented him from obtaining work or stable housing.
“I can no longer utilize my skillset … to support myself any
longer, and now find myself being reduced to having to sleep in the shelters
and the streets of the city of Seattle,” Simmons said in court papers.
Simmons has asked to be paid in accordance with the new law,
which would see him compensated for his time in prison and on probation. The
state Attorney General’s Office has not yet responded to the lawsuit, which was
filed late last month in King County Superior Court.
Judge dismisses former Sandy Springs cop's Facebook lawsuit
A Federal judge has dismissed a former Sandy Springs police officer’s lawsuit alleging the department wrongly fired him for posts he made on his personal Facebook page.
Orlando Concepcion admitted he posted comments about his position, including one about a drug seizure he worked on with the FBI, but maintains it was on a private page not accessible to the public.
Sandy Springs City Attorney Wendell Willard told Channel 2’s Mike Petchenik the judge’s ruling upheld the city’s decision to dismiss Concepcion and found the city didn’t discriminate against Concepcion because of his ethnicity.
“The dismissal addressed specifically concerns the city had that he had, in making certain comments on his Facebook, it really endangered the lives of other officers,” said Willard.
Willard told Petchenik the decision should serve as a warning to other law enforcement officers posting on social media.
“You need to be very careful, realize when you’re using public media like that, you cannot talk about what you’re doing with your work,” Willard said.
Concepcion told Petchenik he’s “over it” and has moved on with his life since leaving the department. Concepcion said he doesn’t plan to appeal the decision and that his lawsuit was never about money. He said many of the commanders who handled his situation are no longer with the department. Concepcion is now a detective with the Snellville Police Department.
MPD officer charged after claims of excessive force
MILWAUKEE - A police officer with the Milwaukee Police
Department is due in court Friday after being accused of using excessive force.
Rodney Lloyd was arresting a man on June 16 when the
incident occurred. According to the criminal complaint, MPD surveillance caught
Lloyd bringing the man into the booking room.
"Lloyd, with a hand on [the victim's] head, forcibly
drove [his] head into the concrete block wall adjacent to a bench while placing
him onto the bench."
Milwaukee Police added that the recording also picked up
audio of the man's head hitting the wall. Lloyd allegedly told the man he had
"earlier used words to the effect that he could take Lloyd out."
Other officers immediately responded, and the man was given
medical care.
Lloyd has been charged with misconduct in public office -
act in excess of lawful authority. If convicted, he could spend up to three
years and six months in jail.
City of Mission releases details on excessive force allegation in officer’s suspension
A Mission officer
accused of excessive force and facing indefinite suspension once received
commendations for his accomplishments with the U.S. Air Force.
On Sept. 13, Omar
Diaz De Villegas, 29, was handed a letter from Interim Chief Robert Dominguez
stating Diaz de Villegas was indefinitely suspended after an investigation into
an incident in April. In the letter Dominguez states he has affidavits from
officers who saw Diaz De Villegas hit a suspect on the head with his service
weapon and then throw him in the back of a police vehicle.
Diaz de Villegas was
born in Mission and joined the Air Force in 2005. He worked primarily as a
security forces journeyman through 2009, according to documents in his
personnel file.
In May 2007, he
received an Air Force Commendation Medal for his achievements for transporting
prisoners from August 2006 through February 2007 as part of the 455th
Expeditionary Security Forces Squadron in Afghanistan.
“His security
measures ensured the safe and secure transport of captured enemy combatants to
an internment facility,” states a portion of the commendation, signed by Lt.
Gen. Gary North of the U.S. Air Force.
Diaz De Villegas also
received an Air Force Achievement Medal in June 2009 after serving in Kuwait
with the 49th Mission Support Group. The recognition states during that time
Diaz De Villegas was the first on the scene when an individual had alcohol
poisoning.
“His quick response and decisive actions ensured the timely arrival of medical personnel, preventing further injury and loss of life,” the certificate states.
“His quick response and decisive actions ensured the timely arrival of medical personnel, preventing further injury and loss of life,” the certificate states.
He earned an
associate degree in criminal justice through the Community College of the Air
Force and was honorably discharged in 2009. Diaz De Villegas joined Mission PD
in March 2011.
According to
Dominguez’s letter, one Friday morning in April, Palmview Police Department
called on Mission PD to assist officers in a car chase involving a stolen
vehicle. Diaz De Villegas had to take evasive maneuvers, pulling off to the
side of the road, after the car sped southbound on Inspiration Road off Griffin
Parkway.
The officer turned
around and joined the pursuit, the letter states. After another officer
deployed an “interceptor spike stick,” deflating one of the stolen vehicle’s
tires. The driver kept going, losing pieces of the tire along the way. By
Veterans Memorial Cemetery, the vehicle was driven onto a dirt path and hit a drainage
ditch.
The driver tried to
run and was caught by two officers. Diaz De Villegas arrested the passenger,
later identified as Omar Pina. Diaz De Villegas requested an ambulance because
Pina’s head was bleeding, the letter states. Then, the officer took Pina to the
Palmview Police Department.
Later, a lieutenant
with Palmview PD called Mission PD and reported that Pina claimed the arresting
officer used excessive force, intentionally hitting Pina on the head with the
officer’s service weapon. According to the letter, a Palmview officer said he
saw Diaz De Villegas hit Pina twice on the head with his service weapon.
Another officer said he saw Diaz De Villegas lift Pina into the air while he
was handcuffed by grabbing his arm and his crotch and throw him into the back
of a patrol unit, according to Dominguez’s letter. One officer told Diaz de
Villegas to put Pina down, but he did not, the letter states. It adds that
video from patrol units at the scene back up their accounts.
“It is obvious that
you were angry and not following appropriate professional police practices in
securing and treating a prisoner,” the letter states.
Diaz De Villegas was
put on suspension with pay April 19 while an investigation was conducted. The
department received affidavits from other officers at the scene as well as from
Pina on July 10 stating he was filing a formal complaint. On top of hitting
Pina on the head with his gun, Pina added that Diaz de Villegas grabbed his
genitalia and said, “This is what you get,” the letter states.
On July 17, Diaz De
Villegas was interviewed. According to the letter, Diaz De Villegas said Pina
was resisting arrest, moving his hands and looking back at the officer. It
states Diaz De Villegas said he didn’t know if Pina had a weapon and he wanted to
“Ki….(stutter).”
Diaz De Villegas also
said he may have hit Pina on the head unintentionally when trying to turn him
over and Pina was kicking his feet, according to the letter. It adds Diaz De
Villegas said he picked Pina up by the bicep and inner thigh (possibly touching
Pina’s genitals) because he did not want to give Pina a chance to headbutt or
kick anyone.
Diaz De Villegas has
the right to appeal the suspension under civil service law.
Suspended officer testifies at trial
Beacon detective
accused of making false burglary report
The case against a
suspended City of Beacon police officer accused of lying to authorities could
soon be handed to a Dutchess County Court jury.
Detective Sgt.
Richard Sassi Jr. is on trial, charged with falsely reporting an incident to
police, a misdemeanor. He’s accused of reporting a false burglary in process on
Aug. 31, 2012, to cover up an affair he had with a police informant.
On Thursday, a mostly
composed, but sometimes frustrated, Sassi offered his side of that night’s
events.
He explained why he
used a false name to report the alleged burglary and why he deleted the
contents of his county Drug Task Force cellphone before giving it to
prosecutors.
“I was concerned that
giving my actual name and having that recorded may be an issue for (the
informant),” Sassi said.
Sassi said he called
police after the informant’s boyfriend broke into her Fishkill apartment,
destroyed property and assaulted him.
“I told him he was in
trouble because he had broken into the apartment and had committed a burglary,”
Sassi said.
He said he restored
his phone’s factory settings because he didn’t want his wife or colleagues to
find his correspondence with the informant. He said he cleared it because he
didn’t want whoever got the phone next to have his contacts.
“At that point, I
didn’t consider it evidence,” Sassi said.
Assistant District
Attorney Matthew Weishaupt argued otherwise.
“You made sure the
government would never know the content of that phone,” Weishaupt said.
Weishaupt said
Sassi’s training as a police officer gave him insight into how to get rid of
evidence on a phone. Sassi disagreed.
“I don’t recall
identifying myself as an expert,” Sassi said.
Weishaupt challenged
Sassi on evidence his attorney, Jonathan Lovett, provided the court. Lovett
gave the court copies of screen shots Sassi took with his phone of
correspondence between Sassi and the informant after the incident.
“You deleted those
things that would have been adverse to what you want people to believe,”
Weishaupt said.
Weishaupt used phone
records to show Sassi had deleted messages in between the ones he provided as
evidence.
The trial is expected
to continue today.
Revere Police Officer Suspended And Demoted After I-Team Investigation
REVERE (CBS) – A Revere Police sergeant has been suspended and demoted as the result of a WBZ-TV I-Team investigation. The I-Team tracked Sgt. Jeffrey Langone over a period of six months and discovered he was routinely hiding out at his parents’ home during his overnight shift. The report prompted an internal investigation.
On Friday, Chief Joseph Cafarelli told WBZ-TV’s Karen Anderson that Sgt. Langone has been suspended for 30 days without pay and reduced from Sgt. to patrolman.Chief Cafarelli previously said he would be installing GPS units in all of the police epartment’s cruisers and would conduct mileage checks after every shift.
Allegedly Drunk Off-Duty Cop Kills Pedestrian In Staten Island Hit-And-Run
An off-duty police officer assigned to the 121st Precinct on Staten Island is in police custody after fatally running over a man in the Mariners Harbor section of Staten Island. The pedestrian, identified only as a 51-year-old male, was crossing Richmond Terrace on his way to work at approximately 6:15 a.m. when the off-duty officer ran him over with his SUV. An NYPD spokesman says the victim was pronounced DOA at Richmond University Medical Center.
The NYPD has not officially announced any charges against the officer, but multiple media outlets report that he's being charged with driving while intoxicated. According to ABC 7, the driver left the scene but later returned and was taken into custody.
Sources tell NY1 the officer has been with the department since 2005 and finished his shift Thursday around 6 p.m. Judging by the damage to the SUV, it's inconceivable the cop didn't notice he hit someone before speeding away.
Update 5:34 p.m.: The NYPD has issued a statement announcing the arrest of NYPD officer Joseph McClean, 29. He's been charged with Vehicular Manslaughter, DWI, and DWAI.
Idiot cops shoots himself
Morehead City Police Officer
Garrett Hardin was accidentally shot by a fellow officer during training.
A police officer who was shot in the sternum while training
outside the department Wednesday morning remained in a medically induced coma
at Vidant Medical Center Thursday afternoon, hospital officials and the
victim's family confirmed.
A fellow officer fired a bullet Wednesday during a training
exercise that shattered 22-year-old Garrett Hardin's sternum and ruptured three
lobes of his lung, said Lee Anne Flanagan, Hardin's aunt.
Flanagan's words were subdued as she recalled the doctors'
decision to induce Hardin's coma to preserve his health. Hardin underwent
extensive surgery Wednesday, she said, to remove bullet and bone
fragment-riddled tissue scattered in his right lung. But she was uncertain how
much tissue had to be removed.
"He has to be very still right now," she said,
adding that he will be in a coma for a few days.
Thursday afternoon, the family remained optimistic.
"Infection is our biggest fear right now," she
said.
Flanagan said it is her understanding that the training
exercise was not intended to accompany ammo and the shooting, which occurred in
the parking lot of the police department, stemmed from an uncleared weapon's
chamber.
"It's that tragic, that simple," she said, adding
that no final conclusions would be made until the SBI finished its
investigation.
Flanagan said the officer who accidentally shot her nephew
visited Hardin Wednesday night, and they are close friends.
"He was devastated," she said, stating that
Hardin's mom and the whole family has an "enormous amount of empathy"
for him.
Flanagan said her nephew, who will turn 23 on Nov. 10, has
been on the Morehead City Police Department, his first job, for about two
years.
"As long as I've known, he's always wanted to be a
police officer," Flanagan said.
She said he trained for the job in Greenville and was
offered a job in Havelock, his hometown, and Morehead City.
She said he chose Morehead City because wherever he goes in
Havelock he always has people calling out his name, and he thought it would be
easier to work as an officer somewhere where he didn't know everyone.
"He's such a great kid," she said, mentioning that
he is engaged to be married in May. "He has a lot to live for. He's young.
He's strong. He's completely healthy except for that bullet damage."
Flanagan told The Daily News that Morehead City Police
Department has been supportive of the family since the shooting. She said they
set up a hotel for the family to get rest and take showers after keeping vigil
at the hospital in Greenville; they set up a cot in Hardin's hospital room for
his mother to keep watch.
She said officers are keeping a constant presence at the
hospital to do anything they can for the family.
"The fraternal order of police, that's what they
do," she said.
Noelle Talley, spokesperson for the N.C. Department of
Justice, said the MCPD and the District Attorney requested the SBI investigate
the incident and that Thursday afternoon the investigation was still ongoing,
and the SBI was consulting with the District Attorney.
MCPD Chief Wrenn Johnson said in a Thursday press release
that all commentary and details would be "deferred dependent on the
resolution of the NC SBI investigation and or a change in the condition of
Officer Hardin."
The basic procedure for all SBI investigations is for agents
to gather facts and then share them with District Attorney who will then
determine if any charges will be filed, according to Talley.
SBI has statewide jurisdiction and does its own independent
investigation but in a case such as this, Talley said the SBI had to be asked
to do the investigation. As far as Talley knows, the SBI is the sole
investigating agency.
Palm Beach Sheriff’s Deputy Arrested For False Claim of Assault
Palm Beach County Sheriff‘s Deputy John Biagiotti was arrested for claiming he was assaulted in a nightclub when the establishment’s video surveillance showed that Biagiotti was the aggressor.
K-9 PBSO Deputy John Biagiotti, arrested for lying on an arrest report
Biagiotti, 51, was charged with a felony count of filing a false report of a crime and official misconduct last night.
The K-9 deputy paid his $3,000-bond and was released. He was also suspended from the job.
The incident occurred about 4 a.m. on July 14 as Biagiotti worked off-duty security at the Rumbass International nightclub on North Military Trail in West Palm Beach.
Biagiotti claimed he was assisting bouncers in ejecting patronJonathan Guevara from the club when Guevara started allegedly bumping the deputy with his chest.
Biagiotti tried to cuff Guevara, 27, but both fell to the ground. At that point, Biagiotti said he hit Guevera in the head with his fist until he stopped resisting.
Guevara was charged with two felonies, battery on a law enforcement officer and resisting arrest with violence.
Shortly after Guevara was released, however, he filed an Internal Affairs complaint against Biagiotti, who also moonlights as a salesman at Harley Davidson of Palm Beach,
IA sleuths viewed the nightclub’s video surveillance system, and here’s what they saw, according to their report:
“Guevara did not bump Biagiotti in the chest at any time,” the report reads. “He was not being aggressive and his hands were open with the palms facing Biagiotti when Biagiotti pushed him . . . Biagiotti slipped, causing Guevara to fall on top of him . . . Guevara’s hands were still open when he was punched in the eye.”
The charges against Guevara were dropped a week later.
Glens Falls police officer charged with aggravated battery
A Glens Falls Police
officer has been arrested in Georgia, where he was on military duty.Richard
Llewellyn is accused of injuring a female acquaintance.Llewellyn now faces a felony
charge of aggravated battery.He has been with the Glens Falls Police Department
for about two years.Before that, he worked as an officer in Mechanicville.
Rio Hondo cop left pager at burglary scene, arrested in Houston
RIO HONDO — A police officer was arrested for stealing tools
after a botched burglary in which he dropped a police pager at the crime scene,
the sheriff said Friday.
Officer Ernesto Yañez, 26, was identified as a suspect in
the Sept. 27 burglary of tools from a construction site at a residence near Rio
Hondo, Cameron County Sheriff Omar Lucio said Friday.
Yañez resigned from the police department on Oct. 1, and was
taken into custody Friday in Houston, Lucio said. Yañez was expected to be
returned to Cameron County.
A second suspect, 22-year-old Manuel Manzanares, also was
charged in connection with the burglary, authorities said.
Both men are believed to reside in the Rio Grande Valley.
“Anytime that a law enforcement officer is involved in
criminal activity, it is a black eye to law enforcement,” Lucio said. “Like
everything else, you have bad attorneys, bad doctors, bad teachers; people we
feel are pillars of the community, bankers and what have you.
“We wish that were not the case because it is a very
honorable profession. There are a lot of outstanding officers in the cities and
counties and throughout the state and the United States, but you will always
find some bad apples,” the sheriff added.
Lucio said that Yañez had tried to give himself a cover
story after he realized he had lost his pager.
The sheriff said Yañez called the homeowner at about 2 a.m.
on Sept. 28. When the homeowner did not answer the telephone, Yañez left a
message that he had been patrolling the area, had seen the gate to the property
open and had walked inside to check, Lucio said.
“Apparently he was trying to cover his tracks,” Lucio said.
Subsequently, the Sheriff’s Department was called to the Rio
Hondo Police Department, Lucio said, because Yañez had said that he had
arrested Manzanares, a suspect who allegedly committed the burglary.
Manzanares was arrested, with bond set at $5,000.
Manzanares later accused Yañez, saying that he had been
riding with Yañez in the police car, and that both had been involved in the
burglary.
Yañez, after he resigned, went to Houston. An arrest warrant
was issued for him.
The tools belonged to Gene Diaz, a retired U.S. Marshal, who
was doing the construction work for the Glatz family. Diaz noticed the gate to
the property open when he arrived for work, and realized that some of the tools
had been taken, the sheriff said.
Diaz found the pager.
Lucio said the tools that had been taken from the property
in the police unit had been recovered.
Rio Hondo Police Chief Weldon Matlock declined comment
except to say Yañez had not been a full-time police officer and had resigned.
The Texas Commission on Law Enforcement Officer Standards
and Education, the state’s peace officer licensing agency, said Friday that
Yañez had been a police officer in Port Isabel from 2009 through the spring of
2012.
Police Chief Wally Gonzalez was not available to comment on
why Yañez left the police force last year.
Yañez then held a dual commission as a reserve deputy
Cameron County constable in 2012, which overlapped for a few months with
service as a reserve officer in Rio Hondo.
Public records show that Manzanares was charged in Cameron
County with evading arrest and possession of marijuana in October 2009. The marijuana
charge was dismissed and he was given deferred adjudication on the evading
arrest charge after pleading guilty in February 2010. His 16-month sentence was
probated, but his probation was revoked and he was to serve 90 days in jail in
2011, the public record shows.
Fla. Sheriff's Deputy Allegedly Attacks Police Officer
An Osceola deputy was arrested and suspended after she was
accused of punching a St. Cloud police officer who was at a park with the
deputy's husband.
Deputy Edeania Nettles, 39, was arrested on a charge of
battery on a law-enforcement officer. She could be fired depending on the
results of an internal investigation, sheriff's spokeswoman Twis Lizasuain
said.
Nettles reached through the window of Officer Jennifer
Hoyos' patrol car and punched the side of her face. She then yanked Hoyos, 26,
from the car, an arrest report states.
The women grappled while Nettles' husband, St. Cloud police
Sgt. Elbert John Nettles, 36, tried to separate them, according to the report.
The confrontation happened about 10:45 p.m. Wednesday at Ted
Broda Memorial Park at 4499 Michigan Ave. in St. Cloud. Hoyos had a skinned
knee, bloody lips, a clump of hair pulled out and scratches on her neck,
investigators wrote.
Hoyos, 26, was on duty, said St. Cloud police spokeswoman
Officer Diara Wesler. The report does not say why John Nettles was present, and
Wesler would not comment other than to say he is not her supervisor and the
matter is personal.
Court records show that Hoyos on Thursday requested a
stalking injunction against Edeania Nettles. A hearing is scheduled for Oct.
16.
Edeania Nettles worked for the Sheriff's Office for a
decade, left in 2012 and returned in April.
Her husband was in the news in June 2011 when he was one of
two St. Cloud officers who shot a woman dead when they responded to a dispute
between roommates.
John Nettles, an Army veteran who served in Iraq and
Afghanistan, received a written reprimanded in 2012 after he accidentally shot
off half of another officer's right middle finger during a drug raid.
Off-duty undercover detective who WATCHED while biker gang beat SUV driver
Off-duty
undercover detective who WATCHED while biker gang beat SUV driver is
suspended as man who dragged victim from wheel in front of terrified wife hands
himself in
Reginald Chance, 38, and Robert Sims, 35, turned themselves
in Friday
Injured biker Edwin Mieses Jr now faces permanent paralysis
Off-duty undercover narcotics officer placed on modified
duty as NYPD investigates why it took him four days to come forward
A number of off-duty corrections officers may also have been
present
An off-duty undercover New York City police detective who witnessed
a violent confrontation between an SUV driver and a group of bikers last week
but failed to report it has been suspended as two of the alleged attackers
turned themselves in.
Reginald Chance, 38, who police say is the biker seen in a
video smashing his helmet against Alexian Lien’s SUV and yanking him out of the
vehicle, came forward Friday night along with 35-year-old Robert Sims.
Sims, of Brooklyn, has been charged with attempted assault,
gang assault and criminal possession of a weapon. The 35-year-old biking
enthusiast has been identified as the person seen trying to open Lien's door,
according to the New York Daily News.
Meanwhile, NYPD spokesman John McCarthy confirmed Saturday
that the unnamed detective believed to be an off-duty narcotics officer and
member of a biker club was stripped of his gun and badge pending the outcome of
an internal affairs investigation why it took the agent four days to come
forward.
He was riding with the Frontline Soldiers biker club,
according to the New York Post. The papers aid the club also counts several
others among its members.
McCarthy said internal affairs was also trying to determine
investigating whether any other officers were present during the Sunday
altercation and didn't immediately report it.
It has been reported this week that at least five off-duty
cops witnessed the beating of Lien, who was driving an SUV on the Henry Hudson
Parkway last Sunday with his family inside.
The incident left Lien needing stitches and motorcyclist
Edwin Mieses Jr possibly paralyzed.
Among the officers reportedly riding in the biker rally were
at least two detectives and three other officers who did little to stop the
attack. One of the detectives, the undercover narcotics agent, watched as the
violence broke out and chose not to break it up for fear of ruining his
cover.
Undercover officers are required to immediately report being
a witness to a crime. Uniformed officers are required to take police action if
they see a crime occurring, but the rules are murkier for undercover officers
who face blowing their cover, confusing civilians who don't realize the
undercover is really a cop and ruining yearslong investigations.
The five officers were not the only ones present, WABC is reporting that the NYPD is investigating whether
several off-duty corrections officers were also there. Police who saw the
violent attack did not begin coming forward until Wednesday - four days later.
It is believed that the 38-year-old biker who was seen on
the video smashing his helmet into the Range Rover's window is expected to turn
himself in to police for his role in the melee, according to WABC. It is not
clear what further role, if any, he played in the fracas.
Investigators have already questioned some of the six
individuals seen in the YouTube video of the assault, according to WABC. They
plan to talk to as many as possible, the station noted.
'This is a complex investigation with a lot of people
involved,' a source told WABC.
One of the bikers who spoke to investigators said that Mr
Lien 'drove erratically and bumped the bike on the side,' adding 'when he
bumped that bike on the side, that bike became aggressive because his life was
in danger,' according to WABC.
The New York Post originally reported that the first
undercover officer to admit being at the ruthless pounding was not the only cop
at the scene, as several members of the motorcycle group- called the Front Line
Soldiers- are police officers themselves.
Internal Affairs of the NYPD are now investigating whether
or not any of these officers were the ones who were pictured hitting the Range
Rover, though they do not seem to be worried that the undercover took part
When reached by MailOnline for comment, an NYPD spokesperson
said only that the involvement of off-duty officers 'is under investigation.'
'It is does not appear that he got involved at the scene,' a
police source told The Post.
That said, the undercover officer has hired a lawyer.
He was not the only one to do so, as longtime partner of
Edwin Mieses Jr, the man who was run over by the car, has hired famed defender
Gloria Allred.
'He is the best father I know,' Dayana Mejia said at a
Friday press conference.
'To learn that he almost died and that he may not walk
again- that is all still sinking in.
'It tears me up that anyone could think that Edwin in anyway
deserves what happened to him.'
Mieses was one of dozens of bikers who rode alongside a
black Range Rover on Manhattan's West Side Highway last weekend until a biker
slowed down and the vehicles bumped, police said.
Video captured at the scene shows the SUV surrounded by
helmeted riders.
In the video, one rider approaches the vehicle and peers
into the driver's side window.
Police said others tried to damage the SUV before the
driver, Alexian Lien, took off and plowed over Mieses.
The bikers then chased after Lien and smashed his car window
with their helmets, then pulled him from the SUV and beat him to the point
where he required stitches.
Lien's wife, Rosalyn Ng, has said that her family's
sympathies go out to Mieses, but that they had to flee a dangerous situation.
She said her husband was trying to protect her and their
2-year-old child, who was also in the car at the time.
Mieses, who is from Lawrence, Massachusetts, suffered a
broken spine, fractured ribs, a punctured lung and a torn aortic valve, said
his attorney, Allred.
His injuries may have left him paralyzed.
'He told everyone to move on and go back to riding, and
turned his back to the SUV to start walking back to his own bike,' Allred said.
'It was then, with his back to the SUV, and as he was in
front of it, that he was run over and crushed.'
Mejia said a difficult situation has been made worse by what
she described as a 'perception' that some people have about the riders who
participated in the rally on Sunday.
'They are not gang members. They are not thugs,' Mejia said.
'They are FedEx drivers, plumbers, military reservists,
musicians. They are fathers and brothers and sons, and sisters and mothers.'
She also said Mieses didn't know any of the people he was
riding with on Sunday aside from one friend who traveled to New York with him.
Mieses was recently arrested in Andover, Mass., for driving
with a revoked license. He also never applied for a motorcycle license.
Records show that in June he was named a habitual offender
and his right to drive in the state was revoked until 2017. It wasn't clear if
he had been licensed in any other state.
Mieses and the others seen on the video were participating
in a periodic rally in which more than 1,000 bikers head for Times Square,
police said.
The Manhattan district attorney's office has charged one
rider, 28-year-old Christopher Cruz, of Passaic, N.J., with unlawful
imprisonment and reckless driving while authorities continue to search for
other cyclists.
Investigators and prosecutors are tracking down and talking
to dozens of helmet-clad motorcyclists seen in the video, which was posted
online.
MISSING ANIMAL: FAIRFAX AREA. ANSWERS TO THE NAME SNARKY. REWARD.
OPPS.....hold on, wrong picture....................here we go....................
"Snarky" on left, missing.
Fairfax County Police finally run out awards to give each other
THIS YEARS WINNER
OF
THE PRESTIGIOUS
"WHITE PLASTIC BUCKET THING FROM WALMART"
AWARD
THE FAIRFAX COUNTY POLICE:
WE GIVE OUT AWARDS BECAUSE, HEY, ITS NOT OUR MONEY SO WHY NOT?
Todays sexual assault charges against your police: Judge says it's up to cop accused of rape to show ...
Todays sexual assault charges against your police: Judge says it's up to cop accused of rape to show ...: The stroke-impaired woman named as the victim in a rape case against a Sacramento police officer appeared at times to be competent in h...
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