Hundreds Protest Against Police Brutality Following Death of Migrant Worker
People
gather to protest police brutality
LOUISVILLE, Ky. —A group of
people gathered in front of the old City Hall to bring attention to the death
of Michael Brown and others Saturday.
Brown was fatally shot by a
Ferguson, Missouri, police officer last August.
The group Black Lives Matter
organized the event. Hearts were laid on the steps, the building and the
sidewalk.
“On these hearts are some of
the last words of the police brutality victims, their names, ages,
circumstances of their deaths,” said Ashley Belcher, a spokesperson for Black
Lives Matter.
Belcher said the demonstration
is out of love to remind the community that black lives still matter. She said
the movement continues to grow.
Washington
Protests 2015: Hundreds Protest Against Police Brutality Following Death of
Migrant Worker
By Claudia Balthazar
Hundreds of children and adults
protested against police brutality in Washington Saturday amidst a fatal
shooting of a migrant orchard worker in Pasco.
The group demanded justice for
Antonio Zambrano-Montes who police killed on Tuesday for allegedly throwing
rocks at them, according to The Associated Press.
Some of the large signs during
the protest, led by the victim's family, read, "Stop Police Brutality: It
was just a rock!!!" "Use Your Training, Not Guns," and
"Good Police We Respect You."
The crowd also marched to the
location where the shooting took place.
Felix Vargas, chairman of
Consejo Latino, a group of primarily Latino business leaders, called for a
federal investigation into the shooting while demonstrators demanded a full
review of the Pasco police department.
Franklin County Coroner Dan
Blasdel will order an inquest. He said the results will be open to the public.
Meanwhile, the victim's family
filed a $25 million claim in damages against the city of Pasco, New York Daily
News reports.
Police confirmed Friday that
Zambrano-Montes, who is also a citizen of Mexico, was not armed during the
shooting.
Officials are still
investigating the incident where it has been reported that Zambrano-Montes was
throwing rocks at the cops before they opened fire. Police say the victim's
threatening behavior led officers to shoot him after a stun gun could not calm
him.
Mexican President Enrique Pena
Nieto reiterated the country is against police using lethal force.
"I have directed the
secretary of foreign relations to support his family so they feel the backing
and support of the government of Mexico, so they don't feel alone and so there
is a close monitoring of the investigation into this regrettable and outrageous
occurrence," he said.
Detectives will be interviewing
at least 40 witnesses for the investigation and will be reviewing dash-cam
video footage.
Three other fatal police
shootings in Pasco have been cleared by prosecutors.
Lubbock police officer arrested, charged with paying for sex
LUBBOCK, TX (KCBD) -
A Lubbock Police Officer is now
facing criminal charges, charged with a hiring a prostitute. Authorities
announced the arrest of Dustin Wayne Hatley on Wednesday morning, following his
arrest Tuesday night.
According to police, on Feb.
13, during the course of a separate criminal investigation, authorities
received information alleging that an LPD officer was engaging in criminal
activity while off-duty. Police say a criminal investigation was immediately
opened, and that investigation established probable cause to obtain an arrest
warrant.
Police arrested Hatley as he
exited a plane around 10:30 p.m. Tuesday.
He was taken to the Lubbock County Detention Center and booked on
charges of prostitution and official oppression.
Hatley has been placed on
Administrative Leave pending further investigation.
According to the criminal
complaint filed Tuesday, Hatley is accused of paying for sex in January of this
year. He's also accused of sexually harassing a woman while "acting under
the color of his office or employment as a public servant, namely, a peace
officer".
The thin line between a cop and a common criminal
Jail
releases video of Toledo police lieutenant's arrest
Alexis Means
The Lucas County Jail has
released video of a Toledo police lieutenant being booked, and Toledo's police
chief is also speaking out. He says the arrest of one of his top lieutenants is
an isolated incident.
The police chief says, as soon
as the department learned one of their own was allegedly connected to the
shooting, he took action.
"This isn't a bad barrel
syndrome, it's a bad apple," says Toledo Police Chief George Kral.
Toledo's top cop wants the citizens
to know he won't tolerate dirty officers.
"Police officer or not a
police officer, the exact same steps are taken for each person, regardless of
what they did for a living," says the chief.
The department released video of Lt. Frank
Ramirez being booked in the jail. Ramirez is the third person arrested in a
shooting investigation. He allegedly helped to plot the shooting of a witness
who testified in two high profile murder trials.
Johnny Clarke and Lisa Straub
were killed in Springfield Township in 2011. Tiffany Williams testified in the
case. She was on the phone with Clarke when someone came in the house. Sources
tell 13abc Clarke's parents think Williams set up their son.
In December, police arrested Johnny's
parents Maytee and John Clarke for shooting at Tiffany Williams.
"Approximately at 10:48 pm
Tiffany William was walking in the 1300 block of Colburn street. John Clarke
chased and discharged a firearm at Ms. Williams," said Chief Kral. Toledo
police are tight-lipped about Ramirez's role.
Ramirez is charged with
obstructing justice, tampering with evidence and felonious assault. His lawyer says Ramirez plans to cooperate
with police.
The chief says the case will be presented to
the Lucas County grand jury next week.
Fresno police officer charged in stolen car investigation
By Corin Hoggard
FRESNO, Calif (KFSN) --
Criminal charges have been
filed for a crime allegedly committed by a Fresno police officer.
Action News reported about
Alfred Campos last year when his fellow officers served a search warrant at his
house. It was actually the second time Fresno police investigated him for a
crime, but this is the first time he's been charged, and he was arrested
Tuesday night.
For the second time in twelve
months, an Action News reporter found himself knocking on the door of Alfred
Campos' home. For the second time, someone was home, but nobody answered.
Campos served 15 years as a
Fresno police officer, but between our last visit and now, he lost his job. An
arrest warrant filed this week shows the stolen car investigation that brought
ABC30 to his door in 2014 led to criminal charges in 2015.
Fresno police arrested Campos
Tuesday night and the warrant details why. It all started when Campos took a
stolen pickup truck for repairs and mechanics noticed the vehicle
identification number (VIN) was bogus. Officers say Campos knew it was a fake
because he checked on it twice using the special access he had as a police
officer. Legal analyst Michael Aed says that evidence could really hurt.
"That's a really tough
hill for Campos to climb if that can be established," Aed said.
Investigators say Campos denied
knowing the truck was stolen, despite the fact that he checked the VIN, and he
owns an auto repair shop in Central Fresno. The warrant says he told officers
he bought the truck from Brian Cruz. Police arrested Cruz Sunday and he
admitted stealing the truck in Virginia. He said Campos knew it was stolen and
they were working together to buy and sell stolen vehicles. Cruz is also
charged with burglary in another case and Aed says Campos may use that as a
defense.
"When you're relying on a
witness who has some problems with their credibility, that always becomes a
problem," Aed explained. "It always raises suspicion as to whether
Brian Cruz is a credible witness."
When police served a warrant
and found four pounds of meth at Campos' home in 2006, he was not charged with
a crime. This time, he had to post a $25,000 bond to stay free. He's scheduled
to enter a plea in court next month.
Houston
Police Officer Charged With Shoplifting Ammo, Still Has a Job
Was only on the force two
months before being caught allegedly stealing ammo, and won't be disciplined
until the internal investigation's over.
Ed Krayewski|
DStephen Sargent, an officer
with the Houston Police Department (HPD) for less than three months and still
considered probationary, was arrested on charges of shoplifting. He's accused
of stealing $60 worth of ammunition from a sporting store. He's been "relieved of duty" but
remains employed by the HPD. In fact the department reportedly won't decide how
to discipline him until after the internal investigation is complete.
Police officers are entrusted
with the power of life and death; they're granted the privilege of using force
on behalf of the government and, through that status as government employees
granted protections for when they abuse their powers. Rarely are police officers held accountable
for their use of force in questionable circumstances. And even when victims of
police brutality win settlements from the police department or city government,
such settlements don't affect the police officers. Often they come with
specific denials of responsibility for any wrongdoing.
When a police officer has shot
and killed someone under questionable circumstances, even a fair and thorough investigation that
might lead to charges won't bring back the dead. Neither can any social
movement or hashtag do so, nor does it have the ability to definitively prevent
future killings. And the more the problem of police violence is personalized,
the harder it is to combat.
If he remains on the force will
Sargent ever kill someone in the line of duty? It's impossible to say. But
getting caught shoplifting ammo suggests an incredible defect of character, and
when the privilege to use deadly force with little accountability hangs in the
balance, a zero tolerance approach to bad behavior by cops saves lives and
helps ensure we can all get home safe at night.
Ed Krayewski is an associate
editor at Reason.com
Former NYPD officer sentenced to prison for fraud, ID theft
NEW YORK - A former officer with the New York City Police Department was sentenced in Manhattan federal court to 28 months in prison for credit card fraud and identity theft. John Montanez, 28, of the Bronx, New York, pleaded guilty in August 2014 to one count of access device fraud and one count of aggravated identity theft. In addition to his prison term, he was sentenced to two years of supervised release, and was ordered to forfeit $2,500, and pay a $200 special assessment.
Manhattan U.S. Attorney Preet Bharara said: “While a Police Officer, John Montanez engaged in credit card fraud and identity theft. As Montanez said on tape, ‘I am not the cop you think I am.’ For certain, he was not the cop the public deserved and not one who deserved to carry an NYPD badge. By breaking the law, John Montanez not only threatened the safety of others, but also undermined the position of law enforcement as a pursuer of justice. We will continue to actively prosecute cases of police corruption.”
DPD
investigator suspended, subject of TBI investigation
A member of the Dyersburg
Police Department has been placed on administrative leave pending the outcome
of an investigation by the Tennessee Bureau of Investigation. The officer, Sgt.
Cara Johnson-Peckenpaugh, was placed on administrative leave late on Friday,
Feb.13 after DPD Chief Steve Isbell was informed by the TBI a criminal
investigation was to be launched regarding theft.
"I was informed the TBI
was going to begin a criminal investigation into an incident regarding one of
our investigators. I placed Sgt. (Cara) Johnson-Peckenpaugh on administrative
leave on Friday night," said Chief Isbell. "She will remain on
administrative leave pending the outcome of their investigation. At this point,
I have to refer saying anything else to the TBI regarding this situation."
When contacted concerning the
possible investigation, the TBI did confirm to the State Gazette they were
asked to open a criminal investigation involving theft by Obion County District
Attorney General Thomas A. Thomas, but couldn't provide any other details.
Johnson-Peckenpaugh has been a
member of the DPD workforce since July 8, 2002.
Greensburg
police chief faces theft, misconduct counts
GREENSBURG, Ind. (AP) —A former
Greensburg police chief who investigators say has a gambling problem was
arrested Tuesday after an audit found nearly $73,000 in cash missing from a
police department
Former Chief Stacey L. Chasteen
surrendered Tuesday at the Decatur County Jail in the community about 50 miles
southeast of Indianapolis, according to Indiana State Police. She faces one
charge of theft and one count of official misconduct.
Chasteen, 49, was released on
bond but could not be reached for comment Tuesday. A phone number listed in her
name was disconnected.
Citing personal reasons,
Chasteen resigned in November after three years as chief and 21 years on the
force.
According to a probable cause
affidavit, a police department employee noticed nearly $73,000 missing from the
property room a couple of weeks after Chasteen resigned. The money had been
placed into evidence in September 2012 as part of an investigation into an
illegal massage parlor.
An Indiana State Police audit
of the property room uncovered 13 property receipts indicating that money
stored in the evidence room was no longer there, including the $73,000 from the
massage parlor case, court documents show.
Investigators say Chasteen's
husband, Greensburg Fire Chief Scott Chasteen, told them his wife had a serious
gambling problem that had caused them to file for bankruptcy in 2010. He told
police his wife informed him in June 2013 that she had taken money from the
police department's evidence room and need $60,000 to $70,000 to repay it.
He said the couple borrowed
$57,000 from relatives and used personal funds to come up with $70,000 for his
wife to replace the missing money.
Stacey Chasteen told
investigators she didn't replace the money and instead gambled it away. She
also acknowledged taking the money from the massage parlor case, the court
documents show.
Decatur County Prosecutor
Nathan Harter has said previously that the missing money could impact 16 cases.
Harter said in a statement
Tuesday that his office has reached out to attorneys whose cases might be
impacted but will let the courts determine whether Chasteen's case affects
those outcomes.
Punk on the city payroll
Caught
on Camera: JPD officer suspended after seen dragging unresponsive man
By Keli McAlister
By kmcalister@wbbjtv.com
JACKSON, Tenn. -- An assault by
a Jackson police officer caught on camera, that’s how Milan attorney Tim
Crocker describes surveillance video captured at U.S. Donuts on North Highland Avenue in Jackson.
Crocker represents a
58-year-old man who suffered scrapes and abrasions in an Oct. 1, 2014, encounter with police officers. The man, who
asked we not use his name, says he does not remember what happened. But after
the man’s daughter saw his injuries, she called the Jackson Police Department,
ultimately prompting an internal investigation.
The reason for his lack of
memory — the man had lapsed into a
diabetic coma, according to his attorney. The man said he remembers
getting tired and asking to sit inside the doughnut shop to rest. Unable to get him to leave as closing time
came and went, the owners called police for help.
The time stamp on the
surveillance video showed the first two officers — Brandon Bankston and Kyle
Cupples — arrive at 2:48 p.m. A few minutes later a third officer, Kenneth
Reeves, arrives.
As with the owners, the man
would not respond to officers’ questions or their request to stand up. That is
when the officers said they decided to pick him up and take him outside. Video shows Bankston and Cupples take an arm
each and carry him out. The man appeared to stay in a seated position with his
feet dragging on the floor.
As they are carrying him out
the door, the video shows Reeves kick
the man’s feet three separate times. He told internal investigators, even
after watching the video, he did not recall doing that. Once outside, Bankston
and Cupples placed the man on the concrete sidewalk.
"The most striking thing
is the fact that he's totally helpless and without any provocation of any
kind," Crocker said. "He was assaulted."
Minutes later when the owners
tried to leave, they were unable to open the door because the man was lying in
front of it. The video shows one of the owners go to the window and appear to
talk with Reeves, who is standing the closest.
Reeves
is then seen walking over to the man, picking up one of his feet and dragging
him several feet across the concrete sidewalk. The man never spoke or
came out of the tense position he had been in since being placed on the ground.
Before learning about the surveillance
video, Reeves told investigators he had only pulled the man about six inches.
After several more minutes of
the man lying unresponsive, the officers said they decided to call for an
ambulance. After
medics arrived, the officers reported finding a medic alert necklace around the
man's neck denoting he is diabetic.
In the ambulance, EMTs were
able to regulate his blood sugar level. The report shows one of the EMTs even bought him a piece of pizza at
the neighboring Little Caesar’s. The man declined to be taken to the
hospital, instead agreeing to let Officers Bankston and Cupples take him home.
On Oct. 1, Bankston was
questioned about the incident by an internal affairs investigator. Cupples was
questioned Oct. 2, and Reeves spoke with the investigator Oct. 3. An official
internal investigation into Reeves was launched on that same day. The inquiry
was into whether he had violated the department regulation regarding personal
conduct and the general order regarding use of force.
Reeves was formally interviewed
Oct. 7 as part of the investigation. That is when he learned there was
surveillance video of the incident, and he was allowed to view it.
On Nov. 10, Capt. Rick Holt
found Reeves had violated the personal conduct policy, and Reeves was suspended
without pay for 12 days. He also was assigned to non-law enforcement status, or
desk duty, for three months.
Reeves’ suspension ran from
Nov. 11 to Nov. 25. However, his desk duty was cut short. On Dec. 5, an
internal memo shows Interim Chief Julian Wiser terminated that portion of his
punishment, effective immediately.
Wiser declined our request for
an interview, instead referring all questions to legal adviser Major Thom
Corley.
"I just wish folks
wouldn't make some type of an assumption that there's a discrepancy or that
there's an assumption that there's a weak investigative process, because that's
far from the truth," Corley said.
Since his hiring on Aug. 27,
2007, this is the first negative mark on Reeves’ record. Still, the man’s
attorney argues the punishment was not harsh enough. Crocker argues not only
should Reeves have been fired, but he believes he should face criminal charges
as well.
The national issue of mentally ill cops in America
Judge refuses to throw out criminal charges against Orlando police officer
By Rene Stutzman
Orlando police officer charged with “wantonly” firing at driver asks judge to toss case
OPD's David Johnston, who fired 23 times at moving vehicle, wants criminal charges dropped
A judge Thursday refused to throw out criminal charges against an Orlando police officer accused of needlessly firing 23 shots at the driver of a car headed his way in a downtown parking garage.
David Johnston, 25, of Ocoee, a two-year department veteran, is charged with shooting into an occupied vehicle and discharging a gun in public.
He says he's not guilty.
He was not in the courtroom for Thursday's hearing but was in the Orange County Courthouse.
Defense attorney David Bigney asked Circuit Judge Wayne Wooten to dismiss the case, arguing that because Johnston fired the shots in the course of his duty, he should be given sovereign immunity.
Assistant State Attorney Linda Drane Burdick called that "absurd."
Wooten listened to more than an hour of argument and evidence then made his ruling: He refused to throw out the charges.
"One unjustified shot," said the judge, "is one shot too many."
Wooten said he had expected Johnston to testify and explain "what he heard, what he saw, what his reactions were," the judge said.
That didn't happen. Instead what he got was an argument from Bigney that Johnston was in fear of his life and had the right to use any amount of force to stop the suspect.
The night of the shooting, Feb. 24, 2014, Johnston grabbed his AR-15 rifle from his patrol car and stood at the foot of an exit ramp to a multistory parking garage not far from Amway Arena as other officers tried to arrest Derrick Lattimore, accused of threatening to kill his girlfriend earlier in the evening.
When other officers confronted Lattimore on the fifth floor of the City View garage, he sped away in his Pontiac Firebird toward Officer Anthony Watts, who opened fire. So did another officer.
Johnston was four floors below, near the exit and was separated from Lattimore's car and all vehicles in the garage by a closed steel gate, according to police records.
When he saw Lattimore's car approach, Johnston opened fire, according to a video-recording of the incident.
Lattimore was not hit. His vehicle crashed into a wall.
An Orange County grand jury indicted Johnston concluding that Lattimore was no longer a danger to officers when Johnston opened fire and that he "wantonly" shot at the suspect.
Bigney suggested Johnston was panicky and believed the suspect was armed.
"The official duty was to stop the suspect," Bigney said. "We know this suspect was fleeing. He was a fleeing felon."
If the officer was wrong, Bigney said, Johnston should face an internal police department investigation — not criminal charges.
That internal investigation has not yet started. The police department placed him on paid leave. A department spokeswoman said the internal investigation would begin once the criminal case had concluded.
Wooten set a tentative trial date of May 4.
Bigney offered a single piece of evidence at Thursday's hearing: Eight minutes of radio traffic leading up to the shooting. On it, you can hear officers say, "Put your hands up. … Shots fired."
Also there was a warning that the suspect's car was headed toward Johnston.
A 17-year old boy has been
left badly bruised after an altercation with a Louisiana police officer at a
Mardi Gras parade in an incident captured on cell phone by a friend of the
victim.
Footage
shows Brady Becker, 17, being punched repeatedly in the face by plain clothed
detective Nicholas Breaux in the incident which occurred on Friday night at
Lakeside Shopping Center in Metairie.
Becker
was arrested and charged with inciting a riot, resisting an officer, battery of
a police officer and being in possession of alcohol while under the age of 21.
According
to the arrest report Becker is alleged to have shouted 'f*** the cops' multiple
times at the detectives, but friends of the boy who were present deny that and
say the attack was unprovoked.
Becker's
friend, Jacob Jenson, 16, said the incident started when one of the detectives
walked up and told him, 'If I punch you in your face, would I still be a
f****** cop?'
Jensen
said neither he nor anyone else in his group had yelled at the men, who they
were aware were police, reports
He said
he told the detective he wanted no trouble, but then the man asked him again in
an even more aggressive fashion.
At this
point Becker decided to defend his friend.
'I said,
'What the F is going on,' trying to find out why he's getting in his face.
That's when he starts beating me up,' Becker said.
The
detective then tackled Becker to the ground and beat him quite severely.
Becker
suffered a cut to his left eyebrow, a fractured right cheek and jaw and black
eyes. He was detained overnight and his vision still remains blurry.
At a
press conference on Thursday Becker denied that he had done anything wrong.
'I felt
like I was just sticking up for my friend,' he said.
He said
his arrest has caused him and his friends to look differently at police
officers.
'We look
at cops like they are our enemies,' he said.
How
Becker and his family are calling for the detective to be stripped of his
duties.
'He just
threw me on the ground and started beating me like that, and I really feel like
he was committing a crime,' said the teen.
The boy's
family say they have already filed a complaint with the Sheriff's Office, but
the department claims it has not received a formal complaint, which would
trigger an internal investigation.
Case
against officer charged with assault set for trial, judge denies motion to
revoke bond
By Theresa Ghiloni
OFFICER CHARGED WITH ASSAULT
Case against officer charged
with assault set for trial, judge denies motion to revoke bond
Circuit judge reviewing lower
court ruling in case of public safety officer charged with felonious assault
Blackman-Leoni officer accused
of felonious assault pointed gun at floor while giving fellow officer 'eerie
stare', testimony reveals
Blackman-Leoni public safety
officer charged with felonious assault against co-worker
JACKSON, MI - The case against
a Blackman-Leoni Public Safety officer charged with felonious assault is
expected to go to trial in May.
During a pretrial hearing for
Brent Doxtader on Friday, Feb. 13, Jackson County Circuit Judge Thomas Wilson
set a trial date for May 18 and also denied a prosecutor's request to revoke
Doxtader's bond after a recent violation.
The felonious assault charge
against Doxtader was issued in July by a special prosecutor, assigned at
Jackson County Prosecutor Jerry Jarzynka's request.
Washtenaw County Assistant
Prosecutor Dianna Collins, who was filling in for Washtenaw County Assistant
Prosecutor Brenda Taylor at the pretrial, asked Wilson to detain Doxtader after
he recently violated a personal protection order taken out against him by his
ex-wife.
"There's not enough here
to revoke his bond," Wilson said of the police report. "Not based on
the statement I'm reading in here. They've got the child that they are sharing.
It's got to be very difficult to not be able to communicate and still have to
jointly raise a child."
Collins said there was also an
earlier violation when Doxtader contacted a union representative and another
officer from the Blackman-Leoni Department of Public Safety, which was not
brought before the court.
"The concern is that the
defendant is not complying with court orders," Collins said.
Doxtader faces up to four years
in prison for the charge that stems from a January incident when Doxtader
entered the living quarters at the Leoni Township fire station on Fifth Street
and allegedly threatened other officers.
During a preliminary
examination in September Blackman-Leoni Public Safety detectives David Lubahn
and Robert Shrock testified Doxtader entered the headquarters, shook Shrock's
hand and then "bear-hugged" Lubahn, knocking off his glasses.
Lubahn testified Doxtader
stepped back about 6 feet, unholstered his gun and pointed it at the ground.
After staring at Lubahn for several silent moments, Doxtader announced he was
there to "f--- something up."
Lubahn testified he felt as if
Doxtader's "unusual" gestures were a form of "saying goodbye and
he was going to kill us."
In January Wilson denied a
motion filed by Doxtader's attorney, Michael Vincent, overrule a lower court's
decision to proceed with the case, finding probable cause to believe Doxtader
committed the crime.
Before the pretrial concluded
Feb. 13, Vincent asked for a copy of Doxtader's bond conditions to hopes to
avoid future infractions.
Doxtader has been free on a
$2,500 bond since July 24, according to court documents.
Topics Laws and Legislation Crime Maryland General Assembly
By City Paper
Heightened public concern over
misconduct by law enforcers has spawned two bills in the Maryland General
Assembly proposed by Baltimore City Hall that would crack down on law-breaking
cops. House Bill 363 would prohibit a “law enforcement officer, while acting in
the course of the officer's official duties, from committing a misdemeanor or
felony that carries a maximum penalty of imprisonment of more than 1 year,” and
a violator would be guilty of felony misconduct in office, with a maximum
10-year sentence to run consecutive to whatever term of confinement is imposed
in the originating crime. It is scheduled for a hearing on March 12 before the
House Judiciary Committee. House Bill 384 would strip law enforcers convicted
of a felony or misdemeanor carrying a maximum sentence of more than a year, or
had such a conviction set aside, from the right they currently have to a
hearing under the Law Enforcement Officers Bill of Rights, a law designed to
protect officers accused of misconduct from overzealous punishment. Its hearing
before the House Appropriations Committee is scheduled for March 10.
Do lawsuit payouts equal a pattern of police misconduct?
By Rachel Dissell,
CLEVELAND POLICE: FORCING
CHANGE
• Cleveland police union, organizations to address public
during 'conversation' on Justice Department findings
• Hold police and criminals responsible for their behavior:
Letter to the Editor
• What would you ask Mayor Frank Jackson during his 10th
State of the City address?
• Hear Mayor Frank Jackson sound off on Mike DeWine and
Columbus lawmakers; let's hope his 10th State of City is as lively: Mark Naymik
• Cleveland.com readers react to recommendations for consent
decree on police excessive force
CLEVELAND, Ohio -- The U.S.
Department of Justice issued a scathing report in December, claiming that the
Cleveland Police Department routinely violated citizens' civil rights. But
taxpayers already had been paying a heavy price: more than $8.2 million to
resolve lawsuits that accused officers of brutality, misconduct or making
wrongful arrests.
In the last decade, the city
settled or was ordered to pay judgments in 60 cases to people from all walks of
life -- from a special education teacher to a suspected drug dealer.
"If the city thinks an
officer did something wrong, they should charge them with a crime, not write a
check," CPPA President Steve Loomis said.
The amounts paid range from
$1,125 to a man who claimed he was roughed up by off-duty officers at a
downtown nightclub when he tried to return a lost wallet to the $3 million paid
to the families of Malissa Williams and Timothy Russell after they were killed
in a hail of 137 bullets at the end of a cross-town police chase that made
national headlines.
In a number of cases, the
people who alleged brutality were the ones who called police for help in the
first place.
More than a year ago, The Plain
Dealer and Northeast Ohio Media Group submitted public records requests to the
city, in an effort to determine how widespread allegations of misconduct were
and how much police behavior was costing the city. The records were turned over
on the eve of the Justice Department's release of its report.
Reporters reviewed more than
100 lawsuits that the city settled or was ordered to pay judgments for,
focusing on 60 cases where officers were accused of civil rights violations.
Looked at individually, each
case has its own story to tell, often with citizens and officers giving very
different accounts.
Mayor Frank Jackson says the
settlements don't prove any pattern of police conduct. They don't even mean
officers were at fault for wrongdoing, officials have said.
But viewed as a whole, the
details show that high-level city officials were, or should have been, on
notice about allegations that officers too often used excessive force,
escalated confrontations and needlessly disrespected citizens in the community
they were hired to serve.
That argument is reinforced by
the fact that the lawsuits followed an earlier Justice Department probe that
elicited promises from the city in 2004 to improve use-of-force training,
policies and accountability.
"It had to be a
choice," said David Malik, a veteran civil rights lawyer. Officials must
have made a conscious decision not to track troubling behavior, not to hold
officers accountable and not to properly train using best practices, he said.
"If I were you, my
headline would read something like, 'Anatomy of an Epic Failure: The High Cost
of the CPD's Deliberate Indifference.'"
Canary in the coal mine
The pattern of civil rights
violations found in the latest U.S. Department of Justice investigation closely
mirrors the allegations in the 60 lawsuits. The 58-page report used several
cases that were settled as examples to support the findings.
Lawsuits are like the canary in
the coal mine, said Candace McCoy, a professor who specializes in police policy
at the John Jay College of Criminal Justice in New York.
"They tell you what's
wrong if you pay attention over time," said McCoy, who is from Northeast
Ohio. "I think Cleveland may not have been paying attention."
The December Justice Department
report called for sweeping changes in the department's use-of-force policies
and practices. It also asserted that officers used poor and dangerous tactics
and worked within a system that seldom held them accountable for their actions.
Justice Department lawyers noted
that the lawsuits, along with other indicators, should have flagged patterns
concerning behavior. City officials emphasize that many factors play into the
decision to settle a lawsuit, and that paying a plaintiff is not an admission
of wrongdoing.
But civil rights attorney say
it should not take multiple federal investigations for city officials to move
toward a meaningful cultural change in the department.
"The city has known about
this problem for years, but they have never demanded the accountability that
the people of Cleveland deserve," said attorney Paul Cristallo, of
Cristallo & LaSalvia, who handled three cases the city settled.
"The city of Cleveland has
treated excessive force cases and complaints as if the city is an insurance
company, in terms of risk management," he said. "We're talking about
people's constitutional rights. ... You can't treat constitutional claims like
car accidents, and that is what the city has consistently done, rather than
face the police union and demand accountability."
Steve Loomis, president of the
Cleveland Police Patrolmen's Association, which represents most rank-and-file
officers, said complaints against officers, whether in court or to the city,
represent a slim minority of the more than 400,000 times officers come into
contact with citizens each year.
He said the city should not
settle cases in which internal police investigations found that the officers
did nothing wrong because it only encourages "frivolous" lawsuits
that enrich civil attorneys.
"If the city thinks an
officer did something wrong, they should charge them with a crime, not write a
check," Loomis said.
Defense attorney Henry Hilow,
who has represented Cleveland police officers and firefighters in criminal and
civil cases, cautioned against looking at the cases to glean patterns of
widespread misconduct.
"By and large these cases
stand by themselves individually," Hilow said. "They are not a part
of a culture that encourages officers to ignore people's constitutional
rights."
Hilow believes recent high-profile
cases have caused people to overly simplify their perceptions of police,
including exaggerating racial overtones.
"There are so many
different variables but everyone just wants to make it A plus B equals C,"
Hilow continued. "It isn't that easy."
Jackson calls for wider review
Jackson has argued that there's
a broader context to how the city ended up facing the Justice Department's
findings and negotiating a consent decree that will likely hang over the
department for years to come. He has called for a deeper dive into the whole
criminal justice system, from arrest to sentencing, to ferret out whether
larger disparities exist.
From the moment Jackson took
office, he keyed in on police use of force as a concern. The department,
despite the specter of recent high-profile cases, has improved, he said
recently.
To back that up, the city cites
a more than 30 percent drop in the use of what they call less-lethal force,
such as pepper spray and Tasers, in the last eight years. Calculated based on
the total number of arrests, it equates to officers using those methods in
roughly 2 percent of arrests last year.
The use of deadly force has
also steadily declined, according to police statistics. On average, in the
eight years from 2006-13, deadly force -- police action that could or did cause
a death -- was reported 21 times per year or in less than 1 percent of all the
times an officer made an arrest.
However, Justice Department
lawyers cautioned that the department kept incomplete records when it came to
use of force -- if it was properly reported in the first place -- making an
accurate assessment difficult.
Does the price tag matter?
One variable some have called
attention to is the amount of a settlement. Though there's a wide span, payouts
over a decade average about $130,000 per case.
But does a smaller settlement
equate to a less-truthful claim?
Lawsuits can be settled because
the agreed-upon amount is cheaper than the cost to take the case to trial, city
officials said. Attorneys and experts say many other reasons play into
settlement decisions. In some cases, plaintiffs don't want a lengthy fight.
They just want medical bills or other costs covered. Some have more-experienced
attorneys.
Settlement calculations can
also be based on a person's earning capacity.
"Sure, often settlements
are based on attorneys saying 'lets get rid of this case, it's silly,'"
McCoy, the professor, said. "But in cases where someone is poor or doesn't
have a job, the settlement may be small because the system is designed to pay breadwinners."
Officer discipline a mess
Another question raised in a
review of the lawsuits is whether some of the behavior alleged in the lawsuits
led to officer discipline.
In December, the Northeast Ohio
Media Group and The Plain Dealer requested disciplinary records related to
cases of officers who had faced multiple lawsuits. That request is still
pending. Cleveland councilman Matt Zone also had questions about officer
discipline and the criminal review of cases after the Justice Department report
was released.
Zone put in his own public
records request for the outcomes of deadly use of force and internal affairs
investigations. The city provided him with a summary of 110 investigations, of
which 88 were complete. In 80 percent of the cases, the city prosecutor found
insufficient evidence of criminal conduct on the part of police or that the
officers' actions were justified. In roughly a quarter of the cases,
administrative discipline or retraining was recommended.
Jackson has said that even when
the department has sought to punish officers who step out of line, discipline
is watered down or overturned by union-friendly arbitrators. In cases reviewed
as part of this project, some officers who were charged with crimes related to
their police action were found not guilty by judges or juries.
The Northeast Ohio Media Group
has requested five years' worth of arbitration decisions related to police
disciplinary cases but the city has yet to provide the records. However,
Justice Department attorneys said the Internal Affairs investigators could be
the ones not holding rogue officers accountable.
They said investigations were
often incomplete, that investigators used unreasonably high standards of proof
and admitted to a "bias in favor of clearing the officer instead of
objectively pursuing all of the available facts."
The city declined to discuss
specific cases related to the lawsuit settlements. However, the settlements may
offer a window into how police culture is created.
Here's an example: Since being
hired in 1997, Sgt. Tim Guerra has been accused in lawsuits at least five times
of using excessive force or making wrongful arrests. He's also had additional
citizens complaints filed against him, though most were later dismissed or
closed.
City lawyers have settled three
of the cases, adding up to more than $145,000.
The most recent case settled
involved Tamela Eaton, a woman who called police about a car that was blocking
the driveway to her parking lot. Eaton said she saw the officers near her home
and thought they were about to arrest someone in relation to her call.
Patrolmen Guerra and Frank Garmback, his partner at the time, were actually
stopping a person who matched the description of a murder suspect.
When Eaton questioned them,
they told her to back off. But, she said, she felt they were brutalizing a
young woman and spoke up. She ended up with broken ribs, and teeth along with
other injuries, according to her lawsuit against the officers.
The city settled her suit for
$100,000, though they argued that Eaton shouldn't have intruded in the
situation. But what happened next bothered Eaton almost as much as her own
encounter:
Guerra was promoted to
supervise other officers and Garmback was selected to train rookies, including
Timothy Loehmann, the officer who shot 12-year-old Tamir Rice in November.
Garmback was driving the cruiser that day.
The shooting is under
investigation by the Cuyahoga County Sheriff's office. Loomis has said the
officers' actions were in line with the situation they encountered. Eaton
believed officers should have been be fired, or at least given desk jobs.
"Someone who does that
shouldn't be put out on the streets again and definitely not train
someone," she said.
City tracks officers' behavior
The city says it is doing more
to track officer behavior in ways that could signal future troubles with police
officers. The recommendation to do so was made during the earlier Justice
Department investigation but never was completely done.
Earlier this year, the city
purchased software that is supposed to help evaluate officers based on things
such as sick time, civilian complaints, use-of-force incidents and internal
affairs investigations, Zone said. If concerns come up about particular
officers, they can be sent for psychological assessment or offered help.
"It should help the
department better figure out who might be having problems," Zone said.
However, the software will not
track lawsuits. City officials say that separate tracking is not needed because
all incidents where officers use force will be tracked.
Other cities do closely track
police-related lawsuits. For example, in Columbus, council members vet
settlements of $20,000 or more. In Cleveland, the director of the law
department has sole authority to settle suits, though city officials said the
mayor is often consulted.
Columbus also had far fewer
cases to keep track of even though the city has 300 more police officers than
Cleveland.
Between 2006-11, Cleveland
defended against more than twice as many civil rights lawsuits accusing police
of misconduct, and paid three times as
much in settlements and judgments as Columbus, according to a study published
in the New York University Law Review last year by Assistant Law Professor
Joanna C. Schwartz.
New legal trouble?
The city has steadily settled
or been ordered to pay plaintiffs in at least six lawsuits a year for the past
decade.
That doesn't include some
recent payouts, including the $13 million a court ordered them to pay David
Ayers after a jury decided he was wrongly convicted for the murder of an
elderly woman, in part because of a botched investigation by two Cleveland
homicide detectives.
In many of the lawsuits,
attorneys have alleged that the city failed to properly train or discipline
officers. Most often, the city was dismissed as a defendant in the case but
still had a duty because of state law and union agreements to legally defend
the accused officers and foot the bill for the settlements and judgments.
Now, some civil rights
attorneys believe Cleveland is wide open for more federal lawsuits, including
previously tough-to-prove claims against the city alleging that it allowed
police policies and practices that led to constitutional violations.
The Justice Department report,
they say, could be Exhibit A in those cases.
Terry Gilbert, an expert in
civil rights law and board member for the National Police Accountability
Project, said those types of claims are far harder to prevail than ones where
attorneys have to show that officers who used excessive force or made a
wrongful arrest were government employees doing their job under the "color
of law."
To boil it down, it's
essentially the legal difference between an officer acting "outside of the
box," a scenario favored by Jackson, or the existence of a "systemic
failure" within the department, as Ohio Attorney General Mike DeWine and
U.S. Attorney Steven Dettelbach have said.
Regardless of the types or
volume of lawsuits the city will face, the Justice Department investigation and
ensuing media coverage and high-profile use-of-force cases could be game
changers in the civil rights arena.
"It changes the dynamic in
the courtroom," Gilbert said. "It educates the jury pool, the judges
and the public."
Ending Secrecy on Police Misconduct
By THE EDITORIAL BOARD
New York Times
The deaths of unarmed civilians
like Eric Garner in New York City and Michael Brown in Ferguson, Mo., led to
demands for greater transparency in the workings of police forces all over the
country. The need for more openness is especially pressing in New York, where a
uniquely strict disclosure law has shielded from public view the records of
individual officers, even those who have committed crimes.
In many states, including New
York, it can be difficult for the public to even learn the names of officers
involved in fatal shootings. New York City’s Police Department came forth
quickly with the name of the officer who shot and killed 28-year-old Akai
Gurley in the stairwell of a public housing apartment building in November. The
officer, Peter Liang, was indicted on charges of second-degree manslaughter
this week.
But such disclosures are
unusual — and done at the department’s discretion. Indeed, under Section 50-a
of the state civil rights code, New York exempts the police and other uniformed
services from disclosure requirements that apply to other public employees.
Approved in 1976, the statute
sought to protect police officers from the Freedom of Information Law, passed
two years earlier, and keep defense lawyers from rummaging around in police
personnel files for information to use in cross-examining officers during
criminal trials. Under Section 50-a, an officer’s personnel record cannot be
publicly released or cited in court without judicial approval, protections that
have been extended to correction officers and professional firefighters.
Meanwhile, the definition of “personnel record” has grown so broad that the
courts have interpreted it to cover virtually any information that could be brought
to bear in decisions on promotion or retention.
The unjustified secrecy
surrounding police records undermines public confidence in law enforcement as
well as any effort to hold police departments accountable for misconduct. That
point was underscored late last year in a report by the New York State
Committee on Open Government, a unit within the Department of State that
advises government, the public and the news media on freedom of information and
privacy matters.
The report, to Gov. Andrew
Cuomo and the State Legislature, noted that New Yorkers had “far less access to
information about the activities of police departments than virtually any other
public agency,” even though people encounter police officers in a more direct
way than they do other public employees. Robert Freeman, executive director of
the committee, told The Times recently that 50-a had essentially codified “the
blue wall of silence,” making it possible for the police to hide an officer’s
conduct from the public.
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