Clarksburg man alleges police brutality from 2011 arrest
CHARLESTON, W.Va. -- A dashboard camera captured three
police officers beating a Clarksburg man in 2011, according to a lawsuit
claiming excessive force that was filed last week in federal court.
Joy Pumphrey was pulled over near the town of Nutter Fort
in Harrison County in October 2011 for having loud exhaust, according to the
complaint filed in U.S. District Court in Clarksburg on Tuesday.
Nutter Fort Patrolman J.E. Young and Harrison County
sheriff's deputies W.J. Cunningham and C.M. Heater had the man get out of his
vehicle for questioning and a search. Pumphrey was "known by the officers
to be unarmed," the lawsuit states.
"Suddenly, [Pumphrey] began to flee, on foot, from
the officers," the complaint states. He was subdued within a short
distance -- "still within the partial view of the dashboard camera."
The lawsuit states that the officers were then able to
take the man into custody without resistance. But they began "striking,
kicking and punching [Pumphrey] in the face, head and ribs," according to
the complaint, which claims the man was not resisting or fighting back.
Pumphrey, according to the suit, was rendered unconscious
for a period of time and suffered severe injuries to his face and ribs. He was
taken by ambulance to United Hospital Center in Bridgeport, where he was
diagnosed with several facial fractures, including his sinuses and nose and
several ribs.
"When the defendants repeatedly struck and punched
Joy Pumphrey in the face and ribs, no objectively reasonable officers could
have perceived Mr. Pumphrey as posing an immediate threat to the safety of the
officers or others," John Bryan, the man's attorney, wrote in the
complaint.
He was transferred to Ruby Memorial Hospital in Morgantown
because his severe facial fractures needed special treatment, the lawsuit
states.
Doctors there diagnosed him with an orbital floor
fracture, a zygomatic fracture, a right orbital fracture, and a laceration of
the left eye as the result of "assault," according to the complaint.
Nutter Fort Police Chief Ron Goodwin said Young still
works as a patrolman with his department. He said the county's prosecutor and
an independent agency investigated the incident and no charges were filed
against the officers.
Harrison County Prosecuting Attorney Joe Shaffer didn't
return a phone message.
A secretary with the Harrison County Sheriff's Department
said Cunningham and Heater still worked for the department. Sheriff Albert
Morano couldn't be reached for comment.
Pumphrey underwent surgery, but has permanent injuries to
his body and vision from the alleged attack, according to the complaint.
He is suing the officers individually, the Harrison County
Commission and the Town of Nutter Fort.
Police brutality is a state disease
Editorial
By The
Daily Targum DailyTargum.com
Did anything in that headline actually surprise you? We know
it didn’t, but it should — no matter how common police brutality has always
been, we refuse to become desensitized to it. David Castellani’s dreadful
experience isn’t any different.
We wouldn’t be surprised if you’ve never heard that name
before. The trend of the media underreporting police brutality is obvious. We
can imagine the same trend applies when it comes to the known corruption of
Atlantic City — where six armed police and a K-9 officer tackled Castellani, a
20-year-old Temple University student.
Surveillance footage of the attack is available online, and
it is beyond clear that excessive force was used on the prostrate Castellani,
who was already lying on his stomach. At the time, the K-9 officer unleashed
the dog on him and it gnawed on his head and neck, which could have killed him.
This is after the first five cops beat the crap out of him with fists, feet and
batons — a type of force that should only be used when a weapon is present.
Castellani had emptied his pockets in front of the cops moments before the attack.
What prompted it? Castellani directed offensive comments and
gestures at the police from across the street after they approached and
released him.
While disrespecting a cop seems like automatic grounds for
disorderly conduct, there’s absolutely no reason why so many needed to bumrush
one 20-year-old and use so many different forms of violence against him. Fists
and batons aside, they let the dog rush at his neck and could have very easily
killed him.
Here’s a shocker for you: The cop with the K-9 already had
15 complaints of excessive violence filed against him prior to this incident
and five pending lawsuits.
What we’re seeing here is a recurring pattern of corruption
and oversight in police departments. In our previous editorial “Circuit
judgment a bad call for NJ,” we noted Atlantic City’s known corruption and
inefficiency. Here it rears its ugly head, at the expense of a college student
who now has to live with the scars of 200 stitches at the hands of a corrupt
police force.
Strong and respectable leadership is missing. The police
chief condoned the actions of the officers and, while an “internal
investigation” is taking place — which we presume to be like the internal
investigations that absolved that police officer of his 15 excessive force complaints
— no disciplinary action has been taken against any of the cops involved, which
we feel is absolutely unacceptable.
But this isn’t a problem just limited to A.C. Rutgers
University experienced a similar incident in 2011, when two University students
filed a lawsuit against New Brunswick police for using excessive force after
officers wrongly broke into their apartment and attacked them while they were
asleep in their beds.
When cops are getting hired based on connections rather than
merit, their superiors’ priority is to cover up their tracks rather than carry
out thorough backgrounds checks and take necessary action against officers with
repetitive offenses. We are only fostering a breeding ground for this type of
sanctioned violence by law enforcement officials on the civilian population.
Castellani and his stunned parents are justified in their
decision to sue the city and the police department for their clear disregard
and negligence.
Police Officers Suspended on Allegations of Misconduct
CORPUS CHRISTI -
Two Corpus Christi police officers who just graduated from the academy in
August are on suspension while internal affairs looks into allegations of
misconduct.
Officers Bryan
Cantu and Spencer Christian were both in the final stages of their training
when they were suspended for unrelated incidents.
The president of
the police officers' union says Cantu, was suspended over a disturbance
involving his girlfriend.
Christian was
reportedly suspended following his arrest by the Dallas Police on charges of
assaulting a family member.
Both incidents
happened over a week ago.
Police Chief Floyd
Simpson told KRIS 6 News on Monday that he doesn't want to release specifics
until internal affairs finishes their review.
Police officer facing misconduct charges waives prelim
GREENFIELD -- The Greenfield Police Officer Thomas
Roszak appeared in court to face criminal charges of misconduct for allegedly
harming a DUI suspect at the Greenfield Police Department.
Roszak waived his preliminary hearing meaning there
will be no witness testimony in this case.
According to the criminal complaint, Amanda Luke was
arrested for driving under the influence and fleeing on July 27th. The
complaint says Greenfield Police Officer Thomas Roszak removed Luke from her
holding cell for purposes related to the arrest and booking process.
The complaint says Luke demanded to make her phone
call, and told Officer Roszak, "I f---ing hate you!" Officer Roszak
picked up Luke by her torso, causing her feet to lift from the floor. He
carried her to her holding cell and threw her in to the cell.
Luke's body hit a steel stool affixed to the floor of
the cell. After throwing her back into her holding cell, the complaint says
Officer Roszak called Luke a "F---ingB---" just before closing the
cell door. Officer Roszak did not check Luke's condition. She suffered numerous
bruises across her body.
Roszak is currently on paid administrative leave with
the Greenfield Police Department. If convicted, Roszak will face up to
3.5 years in prison.
Roszak is due back in court on October 24th.
Officer Suspended, Chief Resigns In Criminal Investigation
A Highfill police
officer was suspended and the chief resigned following a criminal investigation
by the Benton County Sheriff’s Office. The county prosecutor says he will not
file charges in the case.
The officer was
suspended after residents entered the Highfill City Hall, complaining that the
officer had broken into a home and stolen a Pea Ridge population sign, Mayor
Stacy Digby told 5NEWS.
The Benton County
Sheriff’s Office investigated the officer and forwarded the case to Benton
County Prosecutor Van Stone. Stone said he will not file criminal charges
because his office and the Sheriff’s Office determined there was no criminal
intent.
Highfill Police
Chief Chuck Eggebrecht resigned earlier this week following a dispute with the
mayor about the investigation. Eggebrecht disagreed with the mayor’s choice to
suspend the Highfill officer, Digby said.
The mayor said the
city is searching for a new police chief to replace Eggebrecht.
1 Bridgeport officer arrested, another suspended
BRIDGEPORT - Police say one Bridgeport police officer has
been arrested and another is on desk duty following two separate cases.
Police say one of the officers is facing charges for
allegedly fighting with his ex-girlfriend's boyfriend.
Officers say it happened Tuesday night at a home on Sage
Avenue while Paul Cari was off-duty.
Meanwhile, police say Sgt. Pasquale Feola has been put on
paid desk duty after a woman filed a complaint about his behavior during a
traffic stop.
Officer Josue Hernandez suspended
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Officer Josue Hernandez, 28, filled out more than a dozen community
contact cards with the names of sports celebrities and long dead historical
figures.
The joke got him a 10-day suspension without pay, said
Sgt. Terence Thouez, who conducted the Internal Affairs investigation.
Parking officer is demoted, suspended
A Princeton parking enforcement officer was suspended for four weeks without pay and demoted, the town said Thursday in announcing the disciplinary steps they had taken this week to clean up issues with him and another meter reader.
Jon Hughes will be reassigned to a parking garage where he worked as an attendant before going over to enforcement, town administrator Robert W. Bruschi said in an email.
Mr. Hughes has been an enforcement officer for the past six years, at a salary of $44,000. His pay grade will not change.
The punishment handed down to Mr. Hughes was made public the same week in which the town announced Monday that it had fired the other enforcement officer, Chris Boutote, a retired Princeton Borough police officer.
Though the town suspended both men without pay last month, Mr. Bruschi said the punishments were for different reasons.
”Jon’s disciplinary action was different from Mr. Boutote’s because Jon didn’t follow some proper internal procedures when it comes to processing of a ticket that was going through the court system,” Mr. Bruschi said in an email. Responding to a follow-up question, he said it dealt with his not properly dismissing a ticket.
”It was a single incident but we felt that a very strong message had to be sent that our procedures need to be followed by the letter of the law.”
‘Sick’ Newark officer was really partying at FOP lodge
A Newark police officer has been suspended
without pay for 18 work days for calling in sick and then improperly opening
the local Fraternal Order of Police lodge for drinks with friends after legal
serving hours.
The punishment was issued to Officer Adam
Pfannenschmidt on Oct. 3. He will be eligible to return to his $52,617-a-year
job on Nov. 2, Newark Police Chief Steven Sarver said yesterday.
“It’s not the kind of conduct we want from our
officers,” Sarver said. “It makes us look bad."
Pfannenschmidt, 39, has been a patrol officer
since December 2007. He is a good officer who behaved badly and deserved
punishment, Sarver said.
Sarver gave this account:
Pfannenschmidt called in sick on July 20 last
year for his 5 p.m.-to-3 a.m. shift. Policy requires sick employees to stay at
home. Instead, Pfannenschmidt went to the FOP lodge about 3 a.m. on July 21
with another man and two topless dancers, one of whom is his girlfriend. The
group drank 12 beers without paying.
A sergeant driving by about 5 a.m. noticed the
lodge was occupied when it should not have been and found the officer and his
friends.
The lodge is licensed to serve liquor but not
after hours, Sarver said. Pfannenschmidt is a lodge trustee and used his key to
enter. He told internal investigators that he had done so about 10 times.
Pfannenschmidt was suspended for four work
days without pay last year after he lied about an injury he suffered in a bar
fight that resulted in extended sick time. The punishment for the more-recent
misconduct, which Pfannenschmidt did not contest, was thus more severe, Sarver
said
Bradenton officer suspended one month for improper use of police database
BRADENTON -- A
Bradenton police officer has been suspended without pay for one month for
reportedly accessing a police database for non-law enforcement purposes.
Officer Adam
Wollard was suspended last month after he was found guilty of misusing access
to the State of Florida's Driver and Vehicle Information Database following an
investigation by Bradenton Police Department Internal Affairs.
Wollard accessed
the DAVID system July 23, 2011, to retrieve drivers license information
involving more than 200 people, including fellow police officers, former city
and police department employees and civilians.
The incident was
discovered when a records request prompted the Department of Highway Safety and
Motor Vehicles to be notified a search by Wollard of State Attorney General Pam
Bondi had been conducted Nov. 27, 2010.
Wollard did not
deny misusing the database.
officer suspended after traffic stop with councilman's son
By Brett Buffington -
COLUMBIA, SC (WIS) -
A Wagener police office is suspended with pay following a
traffic stop involving a town councilman's son.
The son of Councilman George Smith, was pulled over for
speeding, and Officer Dustin Johnson suspected that he was driving drunk. But,
instead of conducting a field sobriety test, the officer let him go with just a
warning.
Johnson told him that he turned off his dash cam recorder.
However, a camera on Johnson's belt recorded the conversation between the two.
"My years of experience as a DUI specialist, you're not
able to drive," said Johnson in the dash cam video. "That's just from
looking at you and not having to do anything else. I could tell as soon as you
stepped into the light."
Smith was pulled over, according to the officer, for driving
51 in a 30 mile per hour zone, which he was issued a warning for.
"How many of them you got in the car? You say you got
two of three licenses? That's against the law, I don't need to hear
anymore," said Johnson in the video.
The town isn't turning a blind eye to the stop. Instead
Wagener's mayor, Mike Miller, sat down with us to set some things straight.
"I've asked the employees and office staff, anything we
can do for our young people and the elderly we do, but that does not mean
letting them go when they violate the law," said Miller.
Miller tells us he watched the video and he believes Smith
did not appear intoxicated.
As for the speeding, Miller says, issuing a ticket is up to
the officer. He feels Officer Johnson was just helping. He admits officers in
the town have done this before.
The mayor told us about a case when a 17-year-old was sent
home with his father, and an incident at a BP where an officer spotted an open
container in a car, and simply poured the alcohol out.
We asked Miller if he believes any favoritism was shown by
the police department, and he said he didn't feel like that was the case at
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officer charged with 26 counts of official misconduct
A 17-year veteran of the Jacksonville Sheriff’s Office is charged with dozens of false overtime claims.
Undersheriff Dwain Senterfitt says they investigated 42 claims submitted by 47-year-old Danny Hamlin, a patrol officer, from between early January and early June. He says they proved 26 of those dealing mostly with pre-trial meetings, totaling roughly $4425, are fraudulent.
“We found out the cases were over and disposed of. We even found a couple of instances where the attorney that he said he met with was no longer with the State Attorney’s Office,” Senterfitt says.
He says it is common for officers to be called to these meetings, even while off-duty, to meet with attorneys to discuss what may come up in the pending trial.
Investigators were first tipped off because of the number of claims Hamlin submitted in the first half of the year.
“There was some suspicious overtime that was identified by his chain of command,” Senterfitt says.
In June, when Hamlin was notified of the investigation, the overtime claims stopped.
This is not the first time Hamlin has faced problems. WOKV obtained his disciplinary history, which includes 13 complaints over his 17 years of service, 6 of those complaints resulted in disciplinary action.
The complaints date back to December 1997, but the first one leading to action occurred in April 1997 when Hamlin received formal counseling for “failure to conform to work standards”. In December 1998 he received counseling again for a “chargeable traffic crash”.
One year later he was suspended for ten days as the result of a “secondary employment violation”. Further details on the violations were not immediately available.
Hamlin was given formal counseling again in April 2001 for a “chargeable traffic crash” and November 2005 for “failure to obey an order”.
As recently as September 2012, records show Hamlin was given a written reprimand for “misuse of computer software”.
Several other citizen complaints against him were either “unfounded” or “not sustained” according to the JSO record.
Hamlin has chosen to resign. Senterfitt says it is not yet clear if he will be responsible for re-paying the total of the false overtime claims, but that will be determined during the criminal investigation.
Hamlin was also charged with one count of grand theft for an amount under $4999.
Senterfitt tells us this was a very uncommon discovery and they have been investigating for months. He does not believe they will be making any changes in the system for how overtime is reported.
Manchester Ct. officer suspended for 5 days in arrest conduct
MANCHESTER — A police officer who was recognized as officer of the year in 2009 received a five-day suspension in September after his supervisors found he used “unnecessary force” when bringing a handcuffed man to the ground after an August arrest, according to documents in the officer’s personnel file.
According to the documents and a video of the incident, made available after a Freedom of Information request by the Journal Inquirer, Officer Jason Wagner grabbed the man by the neck and brought him to the ground while inside the police station.
Princeton parking officer suspended, reassigned after investigation into selective enforcement of meters
PRINCETON – A Princeton parking enforcement officer was suspended without pay for a month and reassigned after improperly dismissing a parking ticket, town administrator Bob Bruschi said today.
John Hughes is the second parking enforcement officer to be punished for not following the town's parking enforcement policy.
Parking enforcement officer Chris Boutote was fired on Monday for what town officials said was a selective enforcement of parking meters in Princeton’s central business district in exchange for certain goods. Boutote, a former borough police officer, collected a $4,400 monthly pension and earned $48,109 a year.
Hughes and Boutote were first suspended last month after the local news website Planet Princeton reported officers were not ticketing vehicles that displayed menus, shopping bags or other items with local store logos on their dashboards.
Planet Princeton reported that over several weeks observers saw vehicles with local store identifications remain at metered parking on streets near the central business district for up to 10 hours at a time without being ticketed, while other vehicles would be ticketed promptly if meters expired.
Virtually all metered parking in that area is for two hours or less, according to a town parking operations map.
Hughes, who earns $44,000 a year, was reassigned to one of the municipality's parking garages as an attendant and any future disciplinary action would result in a termination, Bruschi said in an e-mail.
The internal investigation that led to Hughes’s suspension did not lead to any conduct of selective enforcement, but found he bypassed proper procedure to dismiss a ticket originally issued by Boutote, Bruschi said.
"The ticket was one of the items that helped us gain further information as to what was taking place with parking enforcement officer Boutote and one of the downtown establishments," Bruschi said in the e-mail.
In that case a parking ticket was issued to a local business employee parked at an expired meter. The employee was someone who Boutote knew, Bruschi said.
Proper dismissal procedure requires a form to be filled out explaining the dismissal – in this case it was indicated the parking meter had malfunctioned. The town’s meter department is required to confirm malfunctions before tickets are dismissed, but Hughes allegedly bypassed that step and had the ticket dismissed by the court, Bruschi said. The meter did not malfunction, he added.
“It was a single incident, but we felt that a very strong message had to be sent that our procedures need to be followed by the letter of the law,” Bruschi said in an e-mail.
Lawsuit can proceed against Lima police
COLUMBUS — A girl whose mother was shot and
killed before her eyes in 2008 by a Lima police officer can sue police for
arresting her three years later for directing obscene hand gestures in their
direction, a federal appeals court ruled Thursday.
A three-judge panel of the U.S. 6th Circuit
Court of Appeals in Cincinnati unanimously found that police did not have
grounds to arrest the 11-year-old girl, identified in court documents as minor
T.W.
It upheld a lower court ruling that the officers
were not immune from false arrest, false imprisonment, and retaliation
allegations. The retaliation, the suit alleges, was because the youth’s family
received a $2.5 million wrongful-death settlement from the city’s insurance
carrier.
The false arrest lawsuit will now proceed in
U.S. District Court in Toledo.
On Jan. 4, 2008, police stormed a home in search
of a drug suspect and, in the process, accidentally shot and killed the girl’s
unarmed mother, Tarika Wilson, 26, as she huddled with her children. Also shot
was the girl’s 1-year-old brother. He survived.
The shooting officer testified that he fired in
reaction to shots fired by fellow officers downstairs when they killed two pit
bulls. He was indicted on misdemeanor charges by an Allen County grand jury but
was acquitted, sparking outrage in the community.
About three years later, Lima police responded
to a report of a street fight and arrived to find a group of youths, including
Ms. Wilson’s 11-year-old daughter, walking in the street but not fighting. As
police approached, T.W. walked away, directing the hand gestures toward police
as she did.
She kept going despite an officer’s order that
she stop. She was arrested and charged with persistent disorderly conduct.
“(T)he circumstances here, as alleged in the
[police] complaint at least, are that an 11-year-old girl raised her middle
fingers toward an adult male police officer,” Judge Raymond M. Kethledge wrote.
“Those circumstances did not create a situation where violence was a likely
result. (And if violence had resulted, the officers would be facing more claims
than they are now.)
“T.W.’s gesture was crude, not criminal; and the
officers were patently without probable cause to arrest her for it,” he wrote.
T.W.’s Dayton attorney, Cheryl Renee Washington,
said the evidence will show the police officers targeted T.W. because of who
she was.
“We are excited about the opportunity to have a
court look at the totality of the facts and uphold justice for a family that
has had a difficult time,” she said.
The city’s attorney, Jared Alan Wagner, did not
return a call for comment.
Man files complaint against Guthrie Police for false arrest
GUTHRIE, Okla. — An official complaint was filed against the Guthrie Police Department. One man said he was wrongfully arrested by an officer who has an vendetta against him.
“It was a complete abuse of authority,” said Kyle White. “He made an emotional decision and had me arrested for no reason.”
It all started at the Mumford and Sons concert. White said there was confusion over which way to leave the event and he and police Lieutenant Mark Brunning got into an argument.
“He said my name personally. He says ‘Kyle, then points his finger and says arrest this guy.’ So a couple officers came around me, cuffed me and put me on a golf cart and took me to jail,” White claims.
He was fingerprinted and spent the entire night in a cell. NewsChannel 4 obtained exclusive video of those hours.
“I’ve never been inside a jail cell and had to sit there for eight hours. It was pretty nerve racking,” said White.
He later found out he was being arrested for public intoxication.
“The officers never administered any field sobriety test and as far as we know there’s no report that indicates that he was in fact intoxicated,” said White’s attorney Eric Cotton. “They had a personal history and unfortunately I think that’s what came into play here.”
That history includes the fact that the lieutenant is married to White’s ex wife. White said there have been other issues too.
“He has followed our company trucks multiple times in his police vehicle and his unmarked Tahoe. He has contacted other officers about following our trucks,” said White.
He said, after his overnight stint in the slammer, “I didn’t get a citation, I got a sheet of paper that says I have to go to court.”
Days later White received a letter from the Guthrie City attorney stating the citation against him was dismissed but no one would say why or admit the arrest was illegal.
NewsChannel 4 tried to get answers about the arrest too.
We reached out to Police Chief Damon Devereaux, the city attorney Randel Shadid and the city manager Sereniah Breland.
We were told they could not comment on a personnel issue. We also reached out to the lieutenant himself – but received no response.
Cotton filed a complaint against the officer and the department demanding $125,000 compensation for his client’s rights being violated.
“You just can’t go around arresting people throwing them in jail for no reason just because you think you have that authority. I mean he’s not God,” said White.
The one thing city officials did say was the lieutenant has been placed on administrative leave pending the results of an investigation. There is a disciplinary hearing scheduled for Friday.
NYPD cop Joseph McClean charged with DWI in off-duty crash that killed pedestrian
The crash, on Richmond Terrace near Simonson Ave. in Staten Island early Friday, killed a 51-year-old union operating engineer who was crossing the street to enter the Great Lakes Dredge & Dock Company, where he worked
An NYPD cop was charged with vehicular manslaughter and drunken driving after he struck and killed a pedestrian in Staten Island while off-duty early Friday and fled the scene.
The crash that claimed the life of William (Bruce) Hemphill, 51, occurred on Richmond Terrace near Simonson Ave. in Mariners Harbor at 6:18 a.m., police said.
Police Officer Joseph McClean, 29, who is assigned to the 121st Precinct in Staten Island and had worked the 4 p.m.-midnight shift on Thursday, was driving east on Richmond Terrace when he hit Hemphill, who was crossing Simonson Ave. after leaving a bodega, police sources and witnesses said.
Hemphill, a union operating engineer and grandfather of five from Maryland, rented a room above the bodega and was crossing the street to enter the Great Lakes Dredge & Dock Company shipping office, where he worked.
“The guy hit him so hard he landed a block away. He hit him and he kept on going,” said the bodega’s owner, Mike Kalbouneh.
Hemphill had his hard hat on, but he didn’t stand a chance.
Local resident William Vidal, 53, who lives down the block from where Hemphill was hit, said he heard a loud “Boom!” that he said sounded like two cars colliding. He said he looked out the window and saw Hemphill “literally flipping” through the air.
“I didn’t even think it was a person,” Vidal said. “I thought it was a car part or something like that.”
Vidal said he and his flatmate, Thomas Ramirez, 46, who called 911, ran outside and were appalled at what they saw.
“Just looking at him, I didn’t think he was going to make it. His foot was twisted behind him, and his stomach was bloated,” Vidal said. “I was taking his pulse. It was very faint.”
Judging by where Kalbouneh said he saw the SUV hit Hemphill, a Daily News reporter estimated the victim traveled roughly 30 yards through the air.
“There were no skid marks. He didn’t even make an attempt to stop,” Vidal said, referring to McClean.
Paramedics rushed Hemphill to a Staten Island hospital, where he died at 6:48 a.m., police said.
Ramirez said that about 15 minutes after the accident, as he was talking to responding officers, McClean suddenly returned to the crash site.
“I’m walking with the cops,” Ramirez told The News. “I say to him, ‘I can’t believe this scumbag didn’t stop.’ All of a sudden I hear, ‘It was me. I did it.’ ”
Ramirez said McClean came out of nowhere, quietly approached the responding officers, and confessed.
“He just looked shocked,” Ramirez added. “He didn’t look drunk. He wasn’t staggering. He just looked like ‘What the hell did I just do?’”
In making his return, McClean had parked his Ford SUV on Richmond Terrace near Lake Ave., not far from the point where Hemphill’s body landed. The vehicle had significant front-end damage, and its windshield was shattered and had a massive indentation.
McClean told police that he drove just a few blocks away before choosing to turn around, police sources said.
“I’m coming from my girl’s place,” he told the cops, according to one police source who was not able to say whether McClean had meant he was there prior to the crash or during the interval before he returned.
McClean refused to take a field sobriety test, the sources said, but submitted to a Breathalyzer exam that showed he had a blood-alcohol content of 0.076, just below the legal limit of 0.08.
Officers also noticed he smelled of alcohol, had a flushed face, watery eyes and slurred speech, according to the criminal complaint lodged against him at his arraignment Friday.
When asked if he had been drinking, a police source said, McClean replied: “I’m not talking about that without my rep.” He was referring to his representative with the Patrolmen’s Benevolent Association.
The complaint referenced a blood-alcohol content of 0.073, which police sources said was the reading from a second Breathalyzer exam, this time administered at a local police precinct stationhouse.
He was arraigned on felony counts of second-degree vehicular manslaughter and driving while intoxicated. His bail was set at $50,000; it was not immediately clear if he had posted it.
Hemphill’s family was stunned to learn the driver who hit him was a cop and that he did not remain at the scene.
“He’s supposed to protect and serve, but he didn’t protect or serve,” said Hemphill’s daughter, Kelly-Mae, 23. “He was drinking and driving and took my dad’s life in a minute and left him like a piece of trash on the side of the road.”
Kalbouneh, the bodega owner who was also Hemphill’s landlord, said the victim had bought his lunch for the day — a dish of chicken Teriyaki and rice, three iced-tea drinks and a Sunny Delight — moments before he was killed.
Kalbouneh said Hemphill was a friendly man and an outdoorsman, who loved to hunt and fish.
“He was a very good guy. He would come here every day; he brought me a lot of customers [from the docks where he worked],” Kalbouneh said. “I’m very sad. I feel like I’m depressed. I was crying all morning.”
The bodega owner added that Hemphill rented the room from him because his schedule allowed him to work for several weeks, then take a corresponding period off, during which he would return to his home in Maryland.
“He was always talking about going home and catching fish and hunting,” Kalbouneh recalled.
Since 2007, Hemphill had been a member of the International Union of Operating Engineers, Local 25. The local’s president, Scott Winter, said everyone knew Hemphill as “Bruce.”
“He was loved by all of his union brothers, and the company really liked him; they kept working him steady,” Winter said.
Hemphill’s father, Winter said, had been a member of the union for more than 50 years. Winter said he accompanied Hemphill’s father to identify his son’s body.
“He’s all broken up. This is just so tough for him,” Winter said, explaining that the father had recently lost a daughter to a fire, and his wife to illness.
Off-duty cop busted after crashing while driving drunk in Queens
Francis Soto was charged with driving while impaired, leaving the scene of an accident and refusing to take a breath test after he struck another car on the Cross Island Parkway Tuesday evening
An off-duty cop who was driving drunk hit a car in Queens and took off, police said Wednesday.
Francis Soto, 37, was arrested near the crash site by an MTA Bridge and Tunnels officer.
The 12-year veteran struck another car on the Cross Island Parkway around 10:35 p.m. Tuesday, police said. He drove off, but was followed by a third driver, who flagged down police near the Throgs Neck Bridge, police said.
There were no injuries. Soto, who is assigned to the 42nd Precinct, was charged with driving while impaired, leaving the scene of an accident and refusing to take a breath test.
cop gets 22 months for stealing from FBI informant
A federal
judge had harsh word words today for a former Chicago police sergeant as she
sentenced him to 22 months in prison for stealing thousands of dollars from a
purported drug courier who turned out to be an informant for the FBI in an
undercover sting.
The
sentence for Ronald Watts, a 19-year police veteran who resigned before
pleading guilty last summer, exceeded the 10-to-16-month range called for under
federal sentencing guidelines but fell short of the three years in prison
sought by prosecutors.


U.S.
District Judge Sharon Coleman called the African-American officer’s actions an
unconscionable betrayal to his community and fellow police officers. She said
the misconduct by Watts, who worked in the Ida B. Wells public housing
development, was particularly egregious because he picked on a vulnerable
population already wracked by poverty and crime.
“You were
a sergeant operating in a community that should hold you up as an example,” the
judge said. “You needed to protect those people, and you didn’t.”
Watts, at
the time a Wentworth District tactical sergeant, and Officer Kallatt Mohammed
were arrested in early 2012 after they were caught stealing drug proceeds with
the help of a courier who was secretly working for the FBI.
Mohammed
pleaded guilty last summer and said he and Watts had demanded protection
payoffs from drug dealers at the now-shuttered Ida B. Wells complex on the
South Side in 2007 and 2008. Mohammed, who did not agree to testify against
Watts, was sentenced to 18 months in prison.
On the
eve of his trial in July, Watts instead pleaded guilty to one count of theft of
government funds.
Watts had
no comment moments before the judge imposed the 22-month prison term.
Todays sexual assault charges against your police: Trial for ex-Sacramento officer accused in assault...
Todays sexual assault charges against your police: Trial for ex-Sacramento officer accused in assault...: SACRAMENTO, Calif. -- The case against a former Sacramento police officer accused of repeatedly sexually assaulting an elderly woman while ...
Cops and the women they abuse: police officer charged with assaulting his wife
Cops and the women they abuse: police officer charged with assaulting his wife: AGAWAM - A 13-year member of the Agawam Police Department was arraigned on a domestic assault and battery charge Monday inWestfield Distric...
Officer arrested on fraud charges
A Philadelphia police
officer was arrested Tuesday and charged with committing fraud by requesting
compensation for military leave even though he had retired from the military.
Officer Louis Fletcher,
34, a five-year veteran of the department, was charged with theft by deception
and related offenses, police said.
Police Commissioner
Charles H. Ramsey suspended Fletcher 30 days with intent to dismiss. Fletcher
was assigned to the Ninth Police District, which covers the western half of
Center City.
An investigation was launched after the
department's Internal Affairs Division was informed Apr. 8 about Fletcher's
alleged fraud. Investigators found that Fletcher submitted requests for
military leave from January 2012 through March 2013, and was paid by the city a
total of $3,788.94, police said.
Fletcher, however, had
retired from the Navy in September 2011, police said. He also was charged with
theft by unlawful taking or disposition, receiving stolen property, tampering
with records and identification and unsworn falsification to authorities,
police said.
NYPD Officer Charged In Connection With Videotaped Biker Attack
Investigators say undercover and off-duty officer Wojciech Braszczok was part of a motorcycle group that attacked the driver of an SUV.
Wednesday, October 9, 2013
An undercover New York City police officer has been arrested and charged in connection with the beating of an SUV driver last month by a group of motorcyclists. The attack was videotaped and went viral on YouTube.
Wojciech Braszczok, 32, was part of the motorcycle rally on Sept. 29. As The Associated Press says, the rally "began with a reckless motorcycle group ride on a Manhattan highway ... [and ended when] one motorcyclist was run over, and the SUV driver was dragged from behind the wheel and beaten on a street."
New York Police Department spokesman John McCarthy confirmed the arrest. The AP says NYPD internal affairs "began looking into the undercover detective's conduct because he didn't report having been at the rally until three days later. The expectation that police officers will act if they see crimes isn't the same for undercover officers."
The New York Post says video evidence allegedly shows that Braszczok, who was off-duty at the time of the incident, "shattered the window [of the SUV] with his gloved hand."
The Post says:
"Braszczok surrendered with his lawyer at Central Booking and was charged with rioting and criminal mischief — and he could face up to seven years in prison, sources said. ...
"Braszczok told authorities that he pulled up toward the end of the beating, leaving him no time to help victim Alexian Lien or his terrified wife and 2-year-old daughter in the SUV, sources said."
Lien, 33, had bumped a motorcycle. In the video, other riders then surround Lien's Range Rover, possibly smashing a window.
The AP says:
"There was no immediate response to phone messages left with Braszczok's attorney, Phil Karasyk. He had previously said the 10-year NYPD veteran only witnessed other bikers attacking the vehicle."
As The Two-Way's Mark Memmott wrote last week, "moments later, Lien drove off — striking at least one motorcycle rider ... Edwin "Jay" Mieses, who sustained serious leg and back injuries and was placed in a medically induced coma.
Last week we reported that one of two male bikers taken into custody earlier had been released by authorities. The second, Christopher Cruz has been charged with reckless endangerment and child endangerment.
9 Monroe police officers suspended after cases dismissed
MONROE, N.C. —
Nine Monroe police
officers will be suspended without pay for criminal cases that were dismissed
because of incomplete investigations.
There could potentially be more disciplinary action against more senior members within the department.
Late Wednesday afternoon, the city manager released the names of nine employees at Monroe police that will be suspended without pay for five days as a result of the criminal case dismissals.
Of the nine officers disciplined, five are detectives, and all have worked at Monroe Police Department for several years.
The Union County District Attorney announced last month he had to dismiss 39 pending cases because those officers didn't complete investigations or file necessary paperwork and evidence.
The cases dismissed included suspected drug dealers, fraud and even a man who allegedly shot into a car with a toddler inside.
These suspensions will take place within the next two weeks.
Meanwhile, the city continues to make policy changes to ensure this never happens again.
Channel 9 was told within the next several days the District Attorney's Office will appoint an officer liaison to specifically deal with the filing issues.
The city is looking at buying a digital records system so it's easier for officers to submit paperwork.
There could potentially be more disciplinary action against more senior members within the department.
Late Wednesday afternoon, the city manager released the names of nine employees at Monroe police that will be suspended without pay for five days as a result of the criminal case dismissals.
Of the nine officers disciplined, five are detectives, and all have worked at Monroe Police Department for several years.
The Union County District Attorney announced last month he had to dismiss 39 pending cases because those officers didn't complete investigations or file necessary paperwork and evidence.
The cases dismissed included suspected drug dealers, fraud and even a man who allegedly shot into a car with a toddler inside.
These suspensions will take place within the next two weeks.
Meanwhile, the city continues to make policy changes to ensure this never happens again.
Channel 9 was told within the next several days the District Attorney's Office will appoint an officer liaison to specifically deal with the filing issues.
The city is looking at buying a digital records system so it's easier for officers to submit paperwork.
Police video star suspended over donations
When Officer Reese Jenkins was injured on the job this year, he
was floored by the number of calls and outpouring of support he received from
his colleagues in the Baton Rouge Police Department.
Concerned co-workers donated some $500 to aid his recovery,
entrusting their contributions to David K. Stewart, an officer who spread the
word via email of Jenkins’ “financial demands” and the overwhelming
circumstances he faced.
While he was flattered by the response, it struck Jenkins as odd
that the hat was being passed by Stewart, an officer with whom he was not
particularly close.
“We never talk about my finances,” he later told an
investigator.
Jenkins’ superiors shared his misgivings and began investigating
Stewart this summer on suspicion of theft and malfeasance in office after
Stewart kept the contributions for himself for several weeks.
Even though Stewart misled Jenkins about a credit union account
that didn’t exist, detectives could prove no “criminal intent” in his actions
and were told by a prosecutor recently that they didn’t have a case, according
to police records.
An internal investigation, however, concluded Stewart committed
“conduct unbecoming an officer,” prompting Chief Carl Dabadie to suspend him
for three days. The Advocate reviewed the investigative records Tuesday,
following their release in response to a public records request filed last
month.
Efforts to reach Stewart on his cellphone Tuesday for comment
were unsuccessful.
Dabadie did not respond to a request to discuss the case and the
disciplinary action he chose. In an address to the Baton Rouge Rotary Club last
month, he said he was trying to bring a greater level of accountability to the
department “to ensure that we are producing the best possible service for this
community.”
“It’s time that people be held accountable,” Dabadie said.
“We’re going to do that, and we have been doing that.”
The Police Department began concurrent investigations in June
after Jenkins, 37, returned to work from an injury that required arm surgery
and had sidelined him since February.
The internal affairs inquiry sought to determine if Stewart had
run afoul of any departmental policies, while detectives separately
investigated whether he had broken any Louisiana laws.
The department routinely handles criminal investigations
involving its own employees and only rarely calls upon an outside agency to
conduct an independent inquiry.
On April 15, Stewart sent an email beseeching his colleagues to
consider Jenkins in their prayers, and with their wallets.
Supervisors found the message unusual, but Stewart told them he
had received approval to send it to the department.
“We have an officer in need,” the email said of Jenkins. “His
circumstances are indeed overwhelming and are becoming worse because of
financial demands.”
The message elicited a series of concerned calls and text
messages from Jenkins’ brothers in blue. One came from Lt. Chris Becnel, of the
Baker Police Department.
Baffled, Jenkins told Becnel he hadn’t told anyone he needed
financial help, documents show.
Jenkins is quoted in police records as saying he was “doing
fine” and knew where to turn if he ended up in a bind.
Nevertheless, Stewart was collecting cash contributions from a
number of officers.
Two wrote checks for $100. Stewart also wrote a $100 check, but
never gave any of the money to Jenkins, even after he returned to work.
After Stewart sent out the email, Dabadie’s secretary, Michelle
Iverson, suggested the contributions be held in an account at the City-Parish
Employees’ Federal Credit Union. Previous collections for officers wounded in
the line of duty have been kept in such accounts.
At some point, after Jenkins called to thank Stewart for leading
the collection effort, Stewart said that some of the donations had been
deposited at the credit union.
But records show that when the recovering officer went there to
collect them, he was informed that no account had been created in his name.
Stewart declined to provide a statement to detectives during the
criminal investigation but told internal affairs officers he had been keeping
the donations in an envelope at home.
“It’s been sitting up on my shelf where I keep my keys in my
apartment, and for some odd reason I just kept forgetting it,” Stewart is
quoted as telling internal affairs officers. “I wish I had brought it two weeks
ago and I wouldn’t be in this mess.”
He added, “Man, I hope that fella don’t think I stole that
money.”
The contributions were turned over to detectives as evidence,
and it wasn’t clear from records whether Jenkins ever received any of the
money.
Department emails show Jenkins requested at one point that the
money be given to John Colter, a detective who was seriously injured in a
motorcycle crash over the summer.
The three-day suspension wasn’t the first time Stewart has been
admonished by his supervisors. He was verbally counseled last year after
pulling over an off-duty Baton Rouge police officer for speeding and driving
erratically in Livingston Parish.
The traffic stop, which occurred outside Stewart’s jurisdiction,
was followed by a heated exchange between the officers that was captured on
Stewart’s dashboard camera.
Newark police officer found drinking at bar hours after calling off sick
NEWARK — A veteran police officer with the Newark Police Department has been suspended 180 hours without pay after he took sick time and was later seen drinking at a bar after the legal serving hours.
Officer Adam Pfannenschmidt called off of his shift July 20, but was seen 13 hours later, around 5 a.m. July 21, at the Harry Beasley Lounge in Fraternal Order of Police Lodge No. 127, consuming alcohol.
According to an internal investigation report obtained by The Advocate as part of a quarterly review, the sergeant on duty on July 21 was driving in the area of the FOP Lodge and noticed lights on in the building and cars in the parking lot around 5 a.m. when the lodge typically was not open.
The sergeant went inside through an unlocked door and found Pfannenschmidt with a beer in his hand and three other individuals inside the lounge area. Pfannenschmidt told the sergeant he had permission to be in the facility. The sergeant ordered Pfannenschmidt, the other man and two women, who were identified in the report as dancers at Club2K, out of the lounge. One of the women was identified as being Pfannenschmidt’s girlfriend.
During an interview with officers conducting the internal investigation, Pfannenschmidt said about 12 beers had been consumed and had not been paid for. Pfannenschmidt offered to pay for the drinks after the interview.
Pfannenschmidt said he was a trustee of the FOP Lodge and had a key to the facility, which is how the individuals got into the building after it had closed for the night.
In a follow-up interview, Pfannenschmidt said he had been in the lodge with one of the females after hours about 10 times in the past year. The drinks were put on a tab the other nine times, the internal investigation said.
On Aug. 9, Chief Steven Sarver found two allegations sustained against Pfannenschmidt and requested a predisciplinary hearing. That hearing was held Sept. 4.
Safety Director William Spurgeon imposed a 180 hour suspension without pay effective at 5 p.m. Oct. 3 for Pfannenschmidt’s misconduct.
According to previous internal investigations obtained by The Advocate, Pfannenschmidt and another officer were given a written reprimand in 2010 for being involved in a pursuit on Linden Avenue at a high rate of speed for about a minute.
In 2012, Pfannenschmidt was suspended for 40 hours without pay after lying to his supervisor about an injury sustained during a bar fight that resulted in an extended use of sick time.
Sarver said Pfannenschmidt has been with the department since December 2007 and “does a good job on a day-to-day basis.” Pfannenschmidt is a member of the department’s honor guard.
“His performance evaluations have been OK throughout the time he’s been here,” Sarver said.
Sarver said an agreement on the punishment was reached between the Ohio Labor Council, Newark’s Human Resources Director and Spurgeon that Pfannenschmidt would not contest the punishment.
Pfannenschmidt will be eligible to return to work Nov. 2.
A message requesting comment from the Licking County Fraternal Order of Police president was not returned by press time.
Also receiving discipline, according to internal investigations, were the following:
• Two detectives received oral reprimands for failing to give a Miranda warning to a suspect who later confessed.
• A patrol officer received an oral reprimand for taking time off without prior permission.
• A communications officer received a verbal warning for failing to dispatch an officer to a report of a bicyclist riding erratically in the road.
Cop Dog Killers: Dog allegedly shot by police, left for dead
Cop Dog Killers: Dog allegedly shot by police, left for dead: EAST ST. LOUIS, MO (KTVI)– For a young, black-and-white pit bull mix, just the right person came driving by at just the right time Wednes...
Former National Park man struck and killed by drunk cop
A former resident of National Park was killed on Oct. 4 in Staten Island when he was hit by an SUV driven by an off-duty cop who has since been charge with vehicular manslaughter and drunken driving, according to Staten Island Advance.
William Bruce Hemphill, Jr., 51, a resident of Tilghman, Md., was crossing the street in Mariners Harbor in Staten Island, New York, when Office Joseph McClean, 29, struck him with his 2010 Ford Escape, police said.
Hemphill landed on the hood of the car. A witness to the accident said he went to check on Hemphill and determined "he must have been dead on the scene right there," Staten Island Advance reported.
He was taken to Richmond University Medical Center in West Brighton and pronounced dead.
Police said McClean fled the scene in his car but returned within a half-hour. His blood-alcohol content was reported to be .073, which is below the legal limit of .08, however officers told the Staten Island Advance that he had an odor of alcohol, a flushed face, watery eyes and slurred speech which "typically tilt the scales toward a charge of driving while intoxicated."
Hemphill was a member of the International Union of Operating Engineers Local 25, and was working t the Great Lakes Dredge and Dock Company LLC in Mariners Harbor.
According to an obituary published in the South Jersey Times, Hemphill previously resided in National Park and is survived by a number of family members. Services will be held Thursday in Woodbury.
cop admits lying,
A 23-year veteran Dayton police officer says his firing this
week for lying to his superior officer was an overreaction and vindictive.
The Dayton Police Department concluded that Ronald Horton,
who was let go Tuesday afternoon, violated policy when he lied.
And whether Horton gets his job back -- the case is in
arbitration, he told News Center 7's Layron Livingston on Wednesday night --
rests with how strongly he makes his case.
"He was not truthful in an investigation," Deputy
Chief Robert Chabali said. "He was fired as part of an administrative
investigation" that involved a violation of department policy.
Chabali said he could not go into detail about the firing,
but noted there "was no safety issue" stemming from what Horton did
or didn't do.
Horton, formerly a uniform officer assigned to Central
Patrol Operations Squad 2, admits he lied to his supervisor, a sergeant, the
morning of June 3 when he was asked where he was.
He was at home, using the restroom, when he was supposed to
be on his way to a scrap yard in the 300 block of West Washington Street to
assist another officer. The call involved suspected illegal scrapping, which
turned out to be a dispatch run that was cleared without incident.
But it was too late by then, Horton said. He had advised
dispatch that he would be delayed. "I told them I was at Main [Street] and
Great Miami [Boulevard], actually I was at Main and Babbitt [streets]."
Later that same day, when his sergeant asked him where he
had been, Horton said, "I did tell him at first that I was at home. I
wasn't truthful then."
Horton said he came clean the next day. He said he's done
this kind of thing before -- going off duty -- during his shift. In the past,
he said he has told dispatch where he was.
"This time, for some particular reason, there's a problem."
"This time, for some particular reason, there's a problem."
Usually, he said, officers go to the nearest and most
convenient facility when nature calls. Horton claims there is bad blood between
him and his supervisor -- whom he did not identify by name.
"I know it's a vendetta," Horton said.
Two years shy of his pension, he answers "of
course" when asked whether he'd like his job back. The termination is in
arbitration. He doesn't know whether he will prevail.
"I was fired, I think unjustly," Horton said,
noting that he could understand his being suspended or put on desk duty as
punishment. But to be terminated, he said, "just for going home to use the
restroom, I just don't understand it."
Andrea Rebello's family petitions for police files
The family of a Hofstra student accidentally shot and killed in May by a Nassau police officer during an off-campus hostage standoff has asked a judge to order the release of all records related to the case.
The request was filed in Nassau Supreme Court after the family appealed to Nassau police for documents but only received partial records of the May 17 shooting of Andrea Rebello, said David Roth, the family's lawyer.
The county has refused to turn over all but a few records, citing the investigation into the shooting, which also killed Dalton Smith, the Hempstead ex-convict police said took Rebello hostage during a home invasion.
"The NCPD's refusal to provide almost all information requested is unfair and unreasonable," Roth wrote in the Sept. 30 filing in Nassau Supreme Court.
The petition names Police Commissioner Thomas Dale, County Executive Edward Mangano, the police department and the county. It asks a judge to declare the denial of the records "arbitrary, capricious, an abuse of discretion and erroneous as a matter of law."
Nassau County attorney John Ciampoli said the county would review the petition. "It is puzzling to me why these attorneys are attempting to drag this matter out piecemeal in the courts and have not handled this in a more traditional fashion wherein they bring an action against the county."
In August, the family's lawyers filed papers saying they intended to sue the county for wrongfully causing Rebello's death. No suit has been filed.
Roth said the timing of the lawsuit's filing is irrelevant.
"All we're asking for is what we're entitled to," Roth said.
The family first raised questions about the shooting shortly after police said Smith barged into the Uniondale rental home about a block from campus that Rebello shared with three students, including her twin sister.
Police said Smith demanded money, jewelry and took four students hostage. Responding officers, including Nikolas Budimlic, arrived within minutes of a 911 call. Budimlic confronted Smith as he held Rebello in a headlock, a handgun at her head, police said. Smith pointed the gun at Budimlic, who fired. Smith was hit seven times, and an eighth bullet hit Rebello in the head.
In August, a Nassau judge ruled that the medical examiner must turn over Smith's autopsy report to the family. Lawyers said it was key to get the report to determine how the bullets entered his body, the size and shape of the bullet holes, and other details.
Ciampoli said the family has the report but Roth said it's "incomplete" and is missing numerous files and photographs.
"We've requested that they rethink their position, instead of narrowly construing the judge's order, and turn over the full materials," Roth said.
With Robert Brodsky
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