Fairfax County Police Accidental Killing Sparks New State Law
. Now the state is doing the job your local elected officials should be doing but won’t.
Indiana Sen. Richard Lugar’s wife got a 30-day suspended sentence
A three hour wait before a breath test? …For a Senators wife.....Okay, look…people expect the Fairfax County Police to lie…we’re used to it…we expect it, we accept it…it’s a part of who you are and blah blah blah ….but, come on, be reasonable when you lie. I mean… …..I mean…three hours wait for a breach test.....ouy
Police drop the ball again. Arrest Innocent man
Police drop the ball again. Arrest Innocent man. Four jurors said they thought teacher should never have been arrested.
"There wasn't really an investigation,"
Attorney argued that detectives did not speak to other people in the school about the accuser or the circumstances she alleged.
"The prosecution didn't have enough evidence," juror Jasna Wilson said. "I think it was an injustice."
click here for the rest of the story
"There wasn't really an investigation,"
Attorney argued that detectives did not speak to other people in the school about the accuser or the circumstances she alleged.
"The prosecution didn't have enough evidence," juror Jasna Wilson said. "I think it was an injustice."
click here for the rest of the story
Springfield man sues county for $10M
Tuesday May 25, 2010
Springfield man sues county for $10M
Claims sleeping police officer failed to protect him
By Gregg MacDonald
Staff Writer
FBI Investigates Police Shooting...and it's about Goddamned time
Springfield man sues county for $10M
Claims sleeping police officer failed to protect him
By Gregg MacDonald
Staff Writer
FBI Investigates Police Shooting...and it's about Goddamned time
Shooting Victim Sues Police, Claims Brush-Off
Shooting victim slaps police with $10 million lawsuit
By JOHN SCHRIFFEN
EDT, Sat, Jun 19, 2010
The Fairfax County Police Department is facing a multimillion-dollar lawsuit for an employee's alleged refusal to protect and serve.
“You can see how the bullet got stopped by the cross,” said shooting victim Najib Gerdak.
It was a necklace that saved the life of the 28-year-old. While he’s thankful to be alive, Gerdak said he still lives with the pain and visible wounds from being shot five times. “As soon as I open my eyes I feel the pain,” Gerdak said. “You know, you get ready to go to work, you look at your body in the mirror, sliced from here to here. I have holes everywhere.”
The painful injuries could have been prevented if Fairfax County police responded to his cries for help, he says. On Feb. 2, 2008, Gerdak ran into the Franconia police sub-station at about 3 a.m. after witnessing a road rage incident. But when he got inside, Gerdak says, he found an employee asleep behind the glass.
“I had to knock twice because I didn’t catch her attention because she was asleep,” Gerdak said. “I said, 'There’s two crazy people outside. Some guy is chasing a taxi driver,' and she said the cab driver needs to call his own dispatch.”
Gerdak says he was turned away, and when he went back outside into the parking lot, one of those drivers involved in that road rage incident opened fire.
“I just felt an impact in my shoulder and I heard a gun blast and I knew I’d been shot,” Gerdak said. “I felt my hand turn to fire. One second it was hot and then everything just started spinning.”
Now, more than two years later, Gerdak said he still has two bullets inside his body. One is lodged near his groin, and Gerdak has decided not to get the surgery to remove it because it’s so risky he could lose the ability to have children. He’s decided to file a $10 million lawsuit against the Fairfax County Police Department and that employee on duty that night.
“You’re supposed to run into a police station, and they’re supposed to help you,” Gerdak said. "If they can’t help you, then what? Are we all supposed to carry around guns now? I feel like nobody’s protected.”
To this day, Gerdak said he does not know why he was shot, but he’s hoping this lawsuit will prevent this terrible incident from happening to anyone ever again.
Fairfax County Police would not comment on the lawsuit because it's ongoing litigation.
Accused of Abuse Wins $ 55,000 in Suit Against Fairfax Police
August 27, 1987Father Accused of Abuse Wins $ 55,000 in Suit Against Fairfax Police A federal jury yesterday found that a Fairfax police investigator violated a Falls Church man's civil rights when he arrested him for allegedly sexually abusing and illicitly photographing his two children, charges that were later dropped. The jury awarded William J. Kelly Jr., a Falls Church photographer, $ 55,000 in damages. Kelly was imprisoned for seven days last year after being arrested on rape and indecent liberties allegations."They are probably the most vicious accusations made against any father anywhere," Kelly's attorney, George L. Freeman Jr. told the U.S. District Court jury in Alexandria. Kelly "was in jail for seven days . . . . He just couldn't believe what was happening to him." After the prosecutor dropped all charges against him, Kelly sued William H. Whilden and the Fairfax County Police Department for allegedly "coercing" his children into making statements that he sexually abused them. The 45-year-old photographer contended that when Whilden asked the children if they ever "fooled around" with their father, they said "no."Only after Whilden warned the children that they might be sent to a juvenile detention home if they didn't tell the truth, did they change their story, Freeman argued.Kelly's 10-year-old daughter backed up her father's account in court.The girl testified at the opening of the three-day trial that she initially told Whilden that her father had not indecently touched her or photographed her.But she continued: "Then he [Whilden] said if you don't tell the truth, you'll go to juvenile jail . . . so I told him yes . . . . I thought if he heard what he wanted to hear everything would be all right."Both the girl and her 12-year-old brother also testified that it was they, and not their father, who took the four nude photographs that launched Whilden's investigation.The children, who live with their mother and stepfather in Florida, said they snapped nude photographs of each other and then inadvertently gave the roll of film to their father to have developed.A Colorfax laboratory technician in Silver Spring, who was developing the film for Kelly, saw the nude photographs on the roll and called police.Assistant Fairfax County Attorney Robert M. Ross defended Whilden, a 14-year member of the police department who is assigned to the child services unit, saying he did a "professional job."Whilden's attorneys argued that the photographs were not of the type that children snapped of each other. They denied that Whilden overstepped the bounds of his authority and coerced the children into giving him the story "he wanted to hear."Kelly's lawsuit also charged that Whilden and the Fairfax County Police Department had maliciously prosecuted and maliciously imprisoned him, charges that the jury found were not substantiated.Kelly, who was arrested June 13, 1986, was initially held without bond.Seven days later, when the bond was set at $ 20,000, he was released from Fairfax County Detention Center. He had sought $ 5 million in damages."I had hoped that the verdict would have been for a larger amount," Freeman said. "But we're satisfied."
Horan once again finds no evidence
August 21, 1989Fairfax County found no evidence implicating Randall Lee Breer in the death of Rhiannon "Rosie" Gordon in a search of his Dale City residence over the weekend, Fairfax County Commonwealth's Attorney Robert F. Horan Jr. said in a telephone interview last night. Undercover investigators arrested Breer, a 28-year-old Dale City construction worker, Thursday afternoon at a used car lot in Woodbridge."There's not sufficient evidence to charge him," Mr. Horan reiterated last evening. "I basically happen to be a believer that if you have proof, you charge them. If you don't, you don't. In my business you realize you need evidence."
Predatory Policing
August 15, 2004 Sunday
Trivial Pursuits and Predatory Policing
Falls Church Police Chief Robert T. Murray imposes a quota on his officers: They must write an average of three tickets or make three arrests per 12-hour shift. The most obvious way to fulfill the requirement is to focus on trivial infractions. "Traffic is a big issue" in his community, says Murray, because serious crime is not. That may surprise the two men who were assaulted and robbed recently on Monticello Drive. One victim, who was riding his bicycle to his Falls Church home, happened upon six suspected gang members as they brutally assaulted another Falls Church man. After robbing the first victim, these hoodlums assailed the cyclist and stole his bike. Fairfax County police logged that incident about 2 a.m. July 30. About the same time, according to other police reports, criminals were robbing an Arlington business and stealing a car from Kirkwood Street; breaking into a warehouse and a school in Alexandria; and stealing another car. Later that day, an Arlington man was robbed at gunpoint by thieves who shot him -- out of annoyance because he was carrying so little money -- and then stole his car. And what were Fairfax County police doing that day? At least some were conducting a sobriety checkpoint in McLean. This checkpoint produced predictably paltry results -- of the 591 cars that passed through the blockade between 11 p.m. and 2:15 a.m., police found only three drivers to cite for driving under the influence. Why, with vicious thugs on the loose, do police waste time on trivial pursuits and ineffective tactics? It isn't as though serious crime is hard to find in Northern Virginia. In a single week earlier this month, Fairfax County police logged 159 cases of larceny and 21 auto thefts. Open-air drug markets -- well known to police -- operate with impunity. Yet citizens who dislike seeing their taxes wasted have no one but themselves to blame. We have created a climate that hinders -- even hamstrings -- effective policing. For instance, the National Drug Intelligence Center (NDIC), an agency of the U.S. Department of Justice, provides stunningly specific data about the distribution of illegal drugs in Northern Virginia. "West African and Middle Eastern criminal groups are the primary transporters of Southwest Asian heroin into Virginia," the NDIC reports. "Mexican brown powdered heroin and Mexican black tar heroin available in Virginia typically are transported into the state from southwestern states and North Carolina by Mexican criminal groups. "Dominican and African American criminal groups are the dominant wholesale and mid-level distributors of South American heroin in Virginia." The average cop on the beat in Virginia almost certainly is aware of these patterns, but an officer who targets the likely suspects risks being excoriated for "profiling." Is it any wonder cops turn to menial matters when they are criticized for intelligent policing? Citizens also bear the blame for tolerating tactics that use law enforcement to produce revenue. For example, sobriety checkpoints not only yield negligible results, they may even be counterproductive. How many more tragedies could be prevented by patrolling for impaired drivers? Nonetheless, Virginia police set up roadblocks weekly because that allows them to collect millions of dollars in grant money from the federal government -- and profits from a windfall of tickets. Consider that Fairfax's 316 checkpoints last year yielded only 770 arrests for DUI, but 7,209 citations for other infractions -- e.g., incorrectly installed child seats, expired property stickers, non-use of safety belts, etc. Corralling citizens to sift for a few miscreants is precisely what the Fourth Amendment prohibits, but officials promote it and citizens acquiesce because dragnets are so lucrative. Most police officers are courageous people whose talents are wasted in setting trivial traps. And, surely, most Virginians would prefer being protected to being harassed. But effective law enforcement needs a political climate in which facts can prevail over political correctness -- and where local officials are willing to eschew the revenue produced by predatory policing. Criminals in Northern Virginia, sleep soundly.
Trivial Pursuits and Predatory Policing
Falls Church Police Chief Robert T. Murray imposes a quota on his officers: They must write an average of three tickets or make three arrests per 12-hour shift. The most obvious way to fulfill the requirement is to focus on trivial infractions. "Traffic is a big issue" in his community, says Murray, because serious crime is not. That may surprise the two men who were assaulted and robbed recently on Monticello Drive. One victim, who was riding his bicycle to his Falls Church home, happened upon six suspected gang members as they brutally assaulted another Falls Church man. After robbing the first victim, these hoodlums assailed the cyclist and stole his bike. Fairfax County police logged that incident about 2 a.m. July 30. About the same time, according to other police reports, criminals were robbing an Arlington business and stealing a car from Kirkwood Street; breaking into a warehouse and a school in Alexandria; and stealing another car. Later that day, an Arlington man was robbed at gunpoint by thieves who shot him -- out of annoyance because he was carrying so little money -- and then stole his car. And what were Fairfax County police doing that day? At least some were conducting a sobriety checkpoint in McLean. This checkpoint produced predictably paltry results -- of the 591 cars that passed through the blockade between 11 p.m. and 2:15 a.m., police found only three drivers to cite for driving under the influence. Why, with vicious thugs on the loose, do police waste time on trivial pursuits and ineffective tactics? It isn't as though serious crime is hard to find in Northern Virginia. In a single week earlier this month, Fairfax County police logged 159 cases of larceny and 21 auto thefts. Open-air drug markets -- well known to police -- operate with impunity. Yet citizens who dislike seeing their taxes wasted have no one but themselves to blame. We have created a climate that hinders -- even hamstrings -- effective policing. For instance, the National Drug Intelligence Center (NDIC), an agency of the U.S. Department of Justice, provides stunningly specific data about the distribution of illegal drugs in Northern Virginia. "West African and Middle Eastern criminal groups are the primary transporters of Southwest Asian heroin into Virginia," the NDIC reports. "Mexican brown powdered heroin and Mexican black tar heroin available in Virginia typically are transported into the state from southwestern states and North Carolina by Mexican criminal groups. "Dominican and African American criminal groups are the dominant wholesale and mid-level distributors of South American heroin in Virginia." The average cop on the beat in Virginia almost certainly is aware of these patterns, but an officer who targets the likely suspects risks being excoriated for "profiling." Is it any wonder cops turn to menial matters when they are criticized for intelligent policing? Citizens also bear the blame for tolerating tactics that use law enforcement to produce revenue. For example, sobriety checkpoints not only yield negligible results, they may even be counterproductive. How many more tragedies could be prevented by patrolling for impaired drivers? Nonetheless, Virginia police set up roadblocks weekly because that allows them to collect millions of dollars in grant money from the federal government -- and profits from a windfall of tickets. Consider that Fairfax's 316 checkpoints last year yielded only 770 arrests for DUI, but 7,209 citations for other infractions -- e.g., incorrectly installed child seats, expired property stickers, non-use of safety belts, etc. Corralling citizens to sift for a few miscreants is precisely what the Fourth Amendment prohibits, but officials promote it and citizens acquiesce because dragnets are so lucrative. Most police officers are courageous people whose talents are wasted in setting trivial traps. And, surely, most Virginians would prefer being protected to being harassed. But effective law enforcement needs a political climate in which facts can prevail over political correctness -- and where local officials are willing to eschew the revenue produced by predatory policing. Criminals in Northern Virginia, sleep soundly.
Female Workers Sue Fairfax Police;
August 11, 1994,4 Female Workers Sue Fairfax Police;
3 Officers, Civilian Accuse Lieutenant of Repeated Sexual Harassment Three female police officers and a civilian employee sued the Fairfax County Police Department yesterday for $ 1 million, claiming a male supervisor sexually harassed them at times during the last 12 years. The women alleged that Lt. Larry Jackson repeatedly made unwanted suggestive remarks and overtures. Two of them said he retaliated after they complained about his behavior to his superiors by filing petty or phony disciplinary charges against them."This has been a recurring pattern," said Carla Markim Siegel, an attorney for the women. "These women didn't know each other. They complained independently, and the department didn't take adequate measures to prevent it from happening again... . It creates a hostile work environment." The suit, filed in U.S. District Court in Alexandria, rekindles a controversy surrounding the treatment of women in the 1,036-member department. Two years ago, 10 female officers complained to the Equal Employment Opportunity Commission about a "locker room attitude" in the department and said they had been denied promotions and key assignments because of their sex.Although the county drafted a policy against sexual harassment last year, the suit contends that women continue to be subjected to abuse. Police Chief Michael W. Young and Jackson also were named as defendants.Maj. Richard Rappoport, a police spokesman, said the department has acted swiftly in cases involving workplace harassment. All supervisors underwent training last year in ways to detect and address sexual harassment, he said. He declined comment on the allegations against Jackson, saying he had not seen the lawsuit.Jackson referred questions to his attorney when reached at his office in the department's West Springfield station. The lawyer, Kristin R. Blair, said the allegations are false and stem from a "racially hostile" work environment that "encourages unfounded claims and promotes exaggerations against minorities."Jackson filed an EEOC complaint alleging racial discrimination seven months ago, and that case is pending, Blair said. "I feel that Larry is just being made out as some fiend and he's really a straight arrow," she said.The suit was filed by Officers Susan Long, Cynthia McAlister and Elizabeth Dohm and Andrea Moss, a civilian communication aide, all of whom worked under Jackson's supervision at various times during his 17-year police career.Their lawyer, Siegel, said race had nothing to do with the lawsuit.Among other things, Long said Jackson once ordered her back to the office while she was on the way to a burglary call to ask her out to lunch. He also suggested she use her "sex appeal" to get him new uniforms, the suit said.McAlister said that Jackson made advances while the two took a private airplane ride in 1982 and that her colleagues later ridiculed her about the incident. Moss said Jackson made up a list of phony disciplinary charges against her last year after he learned she complained about him to the department's internal affairs unit. On another occasion, she said she found computer records that falsely showed Jackson had disciplined her.Dohm also said she was disciplined by Jackson after talking about him to internal affairs investigators three years ago.
Too much money, not enough to do, to many people on the payroll
The Washington TimesNovember 18, 1994, Friday, Final EditionCity officer says he tried to spread word on sex ringA D.C. police officer tried to tell Fairfax County police two months ago that a Springfield man was involved in child prostitution, but his call was never returned, a D.C. police union official said yesterday.
The Washington PostSeptember 10, 1991, Tuesday, Final Edition12 Fairfax Park Officers To Guard the Mahogany;Unit Disbanded to Patrol Posh County CenterFairfax County police are eliminating the 20-member force that patrols the county's parks to shift some of those officers to duties at the county's new $ 100 million government center
The Washington PostSeptember 12, 1985, Thursday, Final EditionFairfax County Drops Case Against Stripper;Woman Alleged Police EntrapmentFairfax County prosecutors yesterday unexpectedly dropped a charge of indecent exposure against a professional stripper who said she had been entrapped by a group of county police officers.
Victor Cruz, 33, a native of El Salvador, charged in a federal suit filed in September 1992 that he suffered permanent brain damage in 1989 when police handcuffed and then clubbed him. David Kayson, Cruz's attorney, argued yesterday that because Smith was a high-level officer that his actions constituted department policy. "This is a command officer," Kayson said. "It suggested that there was a high probability that it was policy" to use extreme force against suspects.
The Washington Post, Times Herald (1959-1973). Washington, D.C.: May 20, 1970. pg. C4, 1 pgs A 5-year-old Fairfax County boy suffered a broken left arm and pelvis yesterday when he was struck by a car driven by a county policeman in the 2200 block of Huntington Avenue.
The Washington Post, Times Herald (1959-1973). Washington, D.C.: Aug 27, 1970. pg. B8, 1 pgs A Fairfax County policeman chasing a speeding car was injured early yesterday when his cruiser crashed into a third car, police reported.
The Washington Post, Times Herald (1959-1973). Washington, D.C.: Dec 1, 1970. pg. C6, 1 pgsThe assistant manager of a Tysons Corner drug store was charged Sunday with violating Virginia's blue laws as Fairfax County police opened a campaign to warn merchants tempted to take advantage of the Christmas shopping season by opening on Sunday.
Policeman Accused of Shoplifting The Washington Post, Times Herald (1959-1973). A 35-year-old Fairfax County policeman has been charged with shoplifting while moonlighting as a supermarket security guard, county police disclosed today.
Policeman's Death Ruled An Accident The Washington Post, Times Herald (1959-1973). Washington, D.C.: Aug 28, 1971. pg. B1, 1 pgs An off-duty Fairfax County policeman shot and killed himself at his home in Arlington last night.
August 4, 1990
Fairfax Cops form labor union
Overpaid and unhappy Fairfax cops formed a union called Fairfax COPS Local 5000 as an alternative to the Fairfax County Police Association, because they don’t like working shifts. In retrospect, the Chupaz Union would have been a more befitting name
August 7, 1989
Christopher Stokes, 48, a youth counselor and Realtor who in 1967 became Fairfax County's first black police officer, died Aug. 4 at Fair Oaks Hospital. He had sickle cell anemia. He left the Fairfax police in 1973. Since 1974, he had been a youth counselor with the Fairfax County courts and a part-time Realtor with Mount Vernon Realty in Fairfax. In the late 1970s and early 1980s, he had testified for federal attorneys against Fairfax County. It was charged that the county discriminated against blacks and women in its hiring and promotion policies. In 1982, the Justice Department accepted a settlement offer by Fairfax County that involved the distribution of $ 2.75 million to 685 discrimination victims. Mr. Stokes was among those who received awards.
The Washington PostSeptember 10, 1991, Tuesday, Final Edition12 Fairfax Park Officers To Guard the Mahogany;Unit Disbanded to Patrol Posh County CenterFairfax County police are eliminating the 20-member force that patrols the county's parks to shift some of those officers to duties at the county's new $ 100 million government center
The Washington PostSeptember 12, 1985, Thursday, Final EditionFairfax County Drops Case Against Stripper;Woman Alleged Police EntrapmentFairfax County prosecutors yesterday unexpectedly dropped a charge of indecent exposure against a professional stripper who said she had been entrapped by a group of county police officers.
Victor Cruz, 33, a native of El Salvador, charged in a federal suit filed in September 1992 that he suffered permanent brain damage in 1989 when police handcuffed and then clubbed him. David Kayson, Cruz's attorney, argued yesterday that because Smith was a high-level officer that his actions constituted department policy. "This is a command officer," Kayson said. "It suggested that there was a high probability that it was policy" to use extreme force against suspects.
The Washington Post, Times Herald (1959-1973). Washington, D.C.: May 20, 1970. pg. C4, 1 pgs A 5-year-old Fairfax County boy suffered a broken left arm and pelvis yesterday when he was struck by a car driven by a county policeman in the 2200 block of Huntington Avenue.
The Washington Post, Times Herald (1959-1973). Washington, D.C.: Aug 27, 1970. pg. B8, 1 pgs A Fairfax County policeman chasing a speeding car was injured early yesterday when his cruiser crashed into a third car, police reported.
The Washington Post, Times Herald (1959-1973). Washington, D.C.: Dec 1, 1970. pg. C6, 1 pgsThe assistant manager of a Tysons Corner drug store was charged Sunday with violating Virginia's blue laws as Fairfax County police opened a campaign to warn merchants tempted to take advantage of the Christmas shopping season by opening on Sunday.
Policeman Accused of Shoplifting The Washington Post, Times Herald (1959-1973). A 35-year-old Fairfax County policeman has been charged with shoplifting while moonlighting as a supermarket security guard, county police disclosed today.
Policeman's Death Ruled An Accident The Washington Post, Times Herald (1959-1973). Washington, D.C.: Aug 28, 1971. pg. B1, 1 pgs An off-duty Fairfax County policeman shot and killed himself at his home in Arlington last night.
August 4, 1990
Fairfax Cops form labor union
Overpaid and unhappy Fairfax cops formed a union called Fairfax COPS Local 5000 as an alternative to the Fairfax County Police Association, because they don’t like working shifts. In retrospect, the Chupaz Union would have been a more befitting name
August 7, 1989
Christopher Stokes, 48, a youth counselor and Realtor who in 1967 became Fairfax County's first black police officer, died Aug. 4 at Fair Oaks Hospital. He had sickle cell anemia. He left the Fairfax police in 1973. Since 1974, he had been a youth counselor with the Fairfax County courts and a part-time Realtor with Mount Vernon Realty in Fairfax. In the late 1970s and early 1980s, he had testified for federal attorneys against Fairfax County. It was charged that the county discriminated against blacks and women in its hiring and promotion policies. In 1982, the Justice Department accepted a settlement offer by Fairfax County that involved the distribution of $ 2.75 million to 685 discrimination victims. Mr. Stokes was among those who received awards.
Gun Traded By Fairfax Is Reseized; Drug Suspect Had Weapon County Police Confiscated
September 10, 1999, Friday, Final Edition
Gun Traded By Fairfax Is Reseized; Drug Suspect Had Weapon County Police Confiscated
BYLINE: Barbara Vobejda; Sarah Cohen,
Washington Post Staff Writers
A handgun seized by Fairfax County police that was then traded to a firearms dealer last year was seized 10 months later from a juvenile charged in connection with a drug crime in Richmond.
Gun Traded By Fairfax Is Reseized; Drug Suspect Had Weapon County Police Confiscated
BYLINE: Barbara Vobejda; Sarah Cohen,
Washington Post Staff Writers
A handgun seized by Fairfax County police that was then traded to a firearms dealer last year was seized 10 months later from a juvenile charged in connection with a drug crime in Richmond.
Judge Throws Out Fairfax False-Arrest Lawsuit
May 20, 2001 Sunday
Correction Appended
Final Edition
Judge Throws Out Fairfax False-Arrest Lawsuit
BYLINE: Tom Jackman, Washington Post Staff Writer
SECTION: METRO; Pg. C03
LENGTH: 473 words
A federal judge in Alexandria has thrown out a lawsuit filed by a Reston man who was wrongly arrested by Fairfax County police on charges of indecent exposure, saying a detective's actions were "objectively reasonable."
After a man showed a photograph of himself naked to a lifeguard at a Reston health club in July 1999, Fairfax Detective Ricky Savage searched the home of James M. Brocco, 55, then arrested him. Fairfax police then issued a news release and photo of Brocco, and some newspapers printed stories about the arrest.
Brocco, however, hadn't been at the health club on the day of the incident. After the arrest, police said, Savage showed photos of Brocco and another club member, James A. Brokke, to the lifeguard, and he immediately picked Brokke. Court records show that the lifeguard gave Brokke's name and description to police from the start. Prosecutors dismissed the case against Brocco; Brokke later pleaded guilty.
Fairfax Police Chief J. Thomas Manger apologized to Brocco, who nonetheless filed a civil rights suit last October against Savage, the county and Savage's police supervisor. Brocco's attorneys later dropped the county and the supervisor from the suit. Savage's attorney sought the detective's dismissal, saying he was entitled to qualified immunity as a police officer.
On Friday, U.S. District Judge Albert V. Bryan Jr. granted the request. Bryan noted that government officials generally are shielded from liability unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Bryan noted that the names Brocco and Brokke are similar and that the health club had incorrectly provided Brocco's information to police.
"That the physical descriptions of the perpetrator and Mr. Brocco may have varied is not enough to make the actions of defendant Savage objectively unreasonable," Bryan wrote.
David Fudalah, Savage's attorney, said the detective was relieved by the ruling. Fudalah noted that security reports from the Fitness Club at the Hyatt Regency unambiguously named Brocco, not Brokke, as the suspect. He also noted Brocco refused to meet with Savage before his arrest. Brocco's attorneys said Savage wouldn't tell them why he wanted to meet with Brocco.
"Had he spoken with police, this may well have never occurred," Fudalah said.
Manger said: "Detective Savage based his actions on what he believed was credible information. The problem was the information he was given by several sources was wrong. Once we found out that information was wrong, we worked as quickly as we could to remedy that situation."
Brocco, who paid $ 38,000 in legal fees in his criminal case, declined to comment. His attorney, Victor M. Glasberg, said he and Brocco would meet next week to decide whether to appeal Bryan's ruling.
September 6, 1984, Thursday, Final EditionFairfax Chief Lashes FOP Fund-RaisersBYLINE: By Lee Hockstader, Washington Post Staff WriterFairfax County Police Chief Carroll D. Buracker yesterday accused a Fraternal Order of Police Lodge of "unconscionable" fund-raising tactics, charging it had sent numerous bills and past-due notices to businesses in Northern Virginia for unordered tickets to a variety show. Buracker said that the lodge was incorrectly claiming that proceeds from the show were going to benefit local community activities, including neighborhood watch and home security programs. "Lodge No. 35 did not contribute in any way to these activities in Fairfax County," he said in a statement. Bob Brown, president of Lodge No. 35, refused to comment
Correction Appended
Final Edition
Judge Throws Out Fairfax False-Arrest Lawsuit
BYLINE: Tom Jackman, Washington Post Staff Writer
SECTION: METRO; Pg. C03
LENGTH: 473 words
A federal judge in Alexandria has thrown out a lawsuit filed by a Reston man who was wrongly arrested by Fairfax County police on charges of indecent exposure, saying a detective's actions were "objectively reasonable."
After a man showed a photograph of himself naked to a lifeguard at a Reston health club in July 1999, Fairfax Detective Ricky Savage searched the home of James M. Brocco, 55, then arrested him. Fairfax police then issued a news release and photo of Brocco, and some newspapers printed stories about the arrest.
Brocco, however, hadn't been at the health club on the day of the incident. After the arrest, police said, Savage showed photos of Brocco and another club member, James A. Brokke, to the lifeguard, and he immediately picked Brokke. Court records show that the lifeguard gave Brokke's name and description to police from the start. Prosecutors dismissed the case against Brocco; Brokke later pleaded guilty.
Fairfax Police Chief J. Thomas Manger apologized to Brocco, who nonetheless filed a civil rights suit last October against Savage, the county and Savage's police supervisor. Brocco's attorneys later dropped the county and the supervisor from the suit. Savage's attorney sought the detective's dismissal, saying he was entitled to qualified immunity as a police officer.
On Friday, U.S. District Judge Albert V. Bryan Jr. granted the request. Bryan noted that government officials generally are shielded from liability unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Bryan noted that the names Brocco and Brokke are similar and that the health club had incorrectly provided Brocco's information to police.
"That the physical descriptions of the perpetrator and Mr. Brocco may have varied is not enough to make the actions of defendant Savage objectively unreasonable," Bryan wrote.
David Fudalah, Savage's attorney, said the detective was relieved by the ruling. Fudalah noted that security reports from the Fitness Club at the Hyatt Regency unambiguously named Brocco, not Brokke, as the suspect. He also noted Brocco refused to meet with Savage before his arrest. Brocco's attorneys said Savage wouldn't tell them why he wanted to meet with Brocco.
"Had he spoken with police, this may well have never occurred," Fudalah said.
Manger said: "Detective Savage based his actions on what he believed was credible information. The problem was the information he was given by several sources was wrong. Once we found out that information was wrong, we worked as quickly as we could to remedy that situation."
Brocco, who paid $ 38,000 in legal fees in his criminal case, declined to comment. His attorney, Victor M. Glasberg, said he and Brocco would meet next week to decide whether to appeal Bryan's ruling.
September 6, 1984, Thursday, Final EditionFairfax Chief Lashes FOP Fund-RaisersBYLINE: By Lee Hockstader, Washington Post Staff WriterFairfax County Police Chief Carroll D. Buracker yesterday accused a Fraternal Order of Police Lodge of "unconscionable" fund-raising tactics, charging it had sent numerous bills and past-due notices to businesses in Northern Virginia for unordered tickets to a variety show. Buracker said that the lodge was incorrectly claiming that proceeds from the show were going to benefit local community activities, including neighborhood watch and home security programs. "Lodge No. 35 did not contribute in any way to these activities in Fairfax County," he said in a statement. Bob Brown, president of Lodge No. 35, refused to comment
Data on Police Misconduct Noted in Strobel Trial
The Washington Post
April 16, 1986, Wednesday, Final Edition
Data on Police Misconduct Noted in Strobel Trial
BYLINE: By Caryle Murphy, Washington Post Staff Writer
SECTION: Metro; C7
LENGTH: 524 words
A former Alexandria police officer, testifying yesterday in the federal perjury trial of city Police Chief Charles T. Strobel, said he gave Strobel information of misconduct by three officers but that Strobel took no action on the matter.
Louis Pugh said that in 1974 he played a tape recording for Strobel on which a prostitute spoke of having sexual relations with three policemen. He said under cross-examination, however, that he had made some errors in his testimony before the federal grand jury that indicted Strobel. He also said he had lost the original tape recording.
The government is seeking to prove that Strobel lied to a grand jury when asked how he handled reports of sexual misconduct by an Alexandria policeman and two Fairfax County vice officers. Strobel, who is on paid administrative leave, is charged with six counts of perjury and six counts of obstruction of justice. He has denied the charges.
"This case is based on false testimony given to a grand jury," Strobel's attorney, Plato Cacheris, said in his opening remarks on the first day of Strobel's trial in U.S. District Court in Alexandria.
Acting U.S. Attorney Justin Williams told the trial jury yesterday that Strobel repeatedly told the grand jury that he did not recall hearing the allegations. But, Williams said, Strobel "did remember them when he testified before the grand jury."
Williams said he will present evidence, including internal memos, showing that Strobel recalled the allegations and that one of them had "stayed and preyed on his mind" before Strobel's appearance before the grand jury last fall. The prosecutor said that on six occasions Strobel took no action when reports of misconduct were presented to him.
Pugh testified that he recorded a conversation with a prostitute identified as Sharon Swim in October 1974 in which she said she had "more sexual contacts" with a city vice officer and "admitted having sexual relations with two Fairfax County police officers in the past."
After Pugh played the tape for Strobel, the chief said that "the best thing to do was for me to be quiet about the tape," Pugh testified. He added that after making copies of the tape in 1978 for two other Alexandria investigators, he lost the original.
U.S. District Judge Richard L. Williams permitted a copy of the tape to be played for jurors, but it could not be clearly heard by spectators.
Under cross-examination, Pugh said he "was mistaken on the time frame" when he told the grand jury last year he had recorded the conversation in April 1974.
Pugh also testified before the grand jury that he had taken a woman into Strobel's office "and she sat there and told him" that an Alexandria police officer had attempted to rape her. Yesterday, Pugh said that this testimony "was not accurate" because he did not know whether the woman had ever talked to Strobel about it.
Pugh said he also told the grand jury that Swim told him she had been "falsely arrested" in Alexandria by two Fairfax County vice officers.
But according to Fairfax police records presented in court, Swim was arrested for prostitution in Fairfax County.
April 16, 1986, Wednesday, Final Edition
Data on Police Misconduct Noted in Strobel Trial
BYLINE: By Caryle Murphy, Washington Post Staff Writer
SECTION: Metro; C7
LENGTH: 524 words
A former Alexandria police officer, testifying yesterday in the federal perjury trial of city Police Chief Charles T. Strobel, said he gave Strobel information of misconduct by three officers but that Strobel took no action on the matter.
Louis Pugh said that in 1974 he played a tape recording for Strobel on which a prostitute spoke of having sexual relations with three policemen. He said under cross-examination, however, that he had made some errors in his testimony before the federal grand jury that indicted Strobel. He also said he had lost the original tape recording.
The government is seeking to prove that Strobel lied to a grand jury when asked how he handled reports of sexual misconduct by an Alexandria policeman and two Fairfax County vice officers. Strobel, who is on paid administrative leave, is charged with six counts of perjury and six counts of obstruction of justice. He has denied the charges.
"This case is based on false testimony given to a grand jury," Strobel's attorney, Plato Cacheris, said in his opening remarks on the first day of Strobel's trial in U.S. District Court in Alexandria.
Acting U.S. Attorney Justin Williams told the trial jury yesterday that Strobel repeatedly told the grand jury that he did not recall hearing the allegations. But, Williams said, Strobel "did remember them when he testified before the grand jury."
Williams said he will present evidence, including internal memos, showing that Strobel recalled the allegations and that one of them had "stayed and preyed on his mind" before Strobel's appearance before the grand jury last fall. The prosecutor said that on six occasions Strobel took no action when reports of misconduct were presented to him.
Pugh testified that he recorded a conversation with a prostitute identified as Sharon Swim in October 1974 in which she said she had "more sexual contacts" with a city vice officer and "admitted having sexual relations with two Fairfax County police officers in the past."
After Pugh played the tape for Strobel, the chief said that "the best thing to do was for me to be quiet about the tape," Pugh testified. He added that after making copies of the tape in 1978 for two other Alexandria investigators, he lost the original.
U.S. District Judge Richard L. Williams permitted a copy of the tape to be played for jurors, but it could not be clearly heard by spectators.
Under cross-examination, Pugh said he "was mistaken on the time frame" when he told the grand jury last year he had recorded the conversation in April 1974.
Pugh also testified before the grand jury that he had taken a woman into Strobel's office "and she sat there and told him" that an Alexandria police officer had attempted to rape her. Yesterday, Pugh said that this testimony "was not accurate" because he did not know whether the woman had ever talked to Strobel about it.
Pugh said he also told the grand jury that Swim told him she had been "falsely arrested" in Alexandria by two Fairfax County vice officers.
But according to Fairfax police records presented in court, Swim was arrested for prostitution in Fairfax County.
Police, Va. Agents Raid Bars for Sobriety Checks
The Washington Post
January 8, 2003 Wednesday
Final Edition
Police, Va. Agents Raid Bars for Sobriety Checks
BYLINE: Carol Morello, Washington Post Staff Writer
SECTION: METRO; Pg. B08
LENGTH: 876 words
As the designated driver in her dinner party, Pat Habib was careful to consume no more than one alcoholic drink and follow it up with two sodas.
So she was shocked when a police officer singled her out of the crowd at Jimmy's Old Town Tavern in Herndon and asked her to step outside to prove her sobriety. After she ran through the alphabet without pause, the Fairfax County police officer let her go and explained police had received a complaint about an unruly blond woman matching her description. Then she watched as police tested other women looking nothing like her.
"I could see it if they wanted to prevent you from getting into a car, but they didn't even ask me if I was driving," Habib said.
Habib was among restaurant and bar patrons swept up last month in a joint operation of the Fairfax County police and the Virginia Department of Alcohol Beverage Control. During the holiday period, undercover agents went to 20 bars in Reston and Herndon looking for examples of bartenders "overserving" customers. Police ultimately raided three bars and arrested nine patrons who failed sobriety tests. They were charged with public drunkenness and spent the night in jail.
Police consider the operation a success and said they would consider doing it again. Lt. Tor Bennett, assistant commander of the Reston District station, described it as a "low-key" operation designed to stop drunks before they got behind the wheel.
"We're not talking about someone who was enjoying a cocktail or two and enjoying a nice evening out," Bennett said, noting that the nine men arrested had blood-alcohol levels ranging from 0.14 to 0.22. "They drew attention to themselves by their actions."
But civil libertarians, restaurateurs and many of their customers who were either questioned or arrested have decried the police tactic. They said many people who were drinking responsibly and causing no commotion now have the Class 4 misdemeanor of public intoxication on their record, and many more potential customers were scared away for good out of fear that a drink or two could get them arrested.
"It does smack of a pending police state if law enforcement is going into establishments to monitor behavior," said Lynne Breaux, executive director of the Metropolitan Washington Restaurant Association. "At the same time, we strongly oppose any combination of drinking and driving."
Under Virginia law, a restaurant or bar is a public place, and public intoxication is a low-level misdemeanor punishable by a night in jail and up to a $ 250 fine.
Kent Willis of the Virginia branch of the American Civil Liberties Union said the law does not specify what level of blood alcohol constitutes public drunkenness. The level for drunken driving is 0.08.
Police said the holiday raids, first reported in the Reston Times, were born of a community policing goal of discouraging crime before it occurs. Bennett said police had been called repeatedly to the three bars in response to fights and disorderly conduct. Undercover agents found no problems in 17 other bars they visited before Christmas, he said. And four of the men arrested were on their way to their cars when police stopped them, he said.
"We're not talking about overzealousness here," Bennett said, adding that uniformed police officers who made the arrests were accompanied by members of the police bicycle patrol clad in nylon pants and polo shirts.
But bartenders and patrons saw it differently.
At Ned DeVine's restaurant in Reston, owner Graham Davies said seven or eight police officers "came bursting into the place."
"If they decided you had too much to drink, you were targeted," Davies said, acknowledging that he believed the three customers who were arrested at his tavern probably had too much to drink.
"The police are within their rights. I can't disagree with what they want to do, which is save lives. But I disagree with the way they did it."
At Champps in Reston, general manager Kevin O'Hare described police as "antagonistic." He said they "pulled" people from their chairs who were making no commotion. "They're always welcome to come in anytime," he said of police. "It's not an issue when they talk to our guests. But when they actually pull people out of their seats, it is an issue. When it's borderline harassment, it's an issue."
One man who was arrested during one of the police raids acknowledged having several drinks during the course of the afternoon, but said he was not driving or acting unruly as he sat at a table with several work colleagues. He had just finished singing "Jingle Bell Rock" on the karaoke machine when an officer asked him to step outside. He failed a breath test and was taken in a van to jail.
"I've lived my life with tremendous respect for the rule of law," said the man, who spoke on condition of anonymity because he is contesting the charges.
Now his respect is tarnished.
"You could be anybody, anywhere, and they can take you out and throw you in jail," he said. ". . .I didn't do anything other than to be in the wrong place at the wrong time."
Katherine K. Hanley (D), chairman of the Fairfax County Board of Supervisors, said the operation was a tool to reduce drunken driving and would be evaluated before it is repeated.
January 8, 2003 Wednesday
Final Edition
Police, Va. Agents Raid Bars for Sobriety Checks
BYLINE: Carol Morello, Washington Post Staff Writer
SECTION: METRO; Pg. B08
LENGTH: 876 words
As the designated driver in her dinner party, Pat Habib was careful to consume no more than one alcoholic drink and follow it up with two sodas.
So she was shocked when a police officer singled her out of the crowd at Jimmy's Old Town Tavern in Herndon and asked her to step outside to prove her sobriety. After she ran through the alphabet without pause, the Fairfax County police officer let her go and explained police had received a complaint about an unruly blond woman matching her description. Then she watched as police tested other women looking nothing like her.
"I could see it if they wanted to prevent you from getting into a car, but they didn't even ask me if I was driving," Habib said.
Habib was among restaurant and bar patrons swept up last month in a joint operation of the Fairfax County police and the Virginia Department of Alcohol Beverage Control. During the holiday period, undercover agents went to 20 bars in Reston and Herndon looking for examples of bartenders "overserving" customers. Police ultimately raided three bars and arrested nine patrons who failed sobriety tests. They were charged with public drunkenness and spent the night in jail.
Police consider the operation a success and said they would consider doing it again. Lt. Tor Bennett, assistant commander of the Reston District station, described it as a "low-key" operation designed to stop drunks before they got behind the wheel.
"We're not talking about someone who was enjoying a cocktail or two and enjoying a nice evening out," Bennett said, noting that the nine men arrested had blood-alcohol levels ranging from 0.14 to 0.22. "They drew attention to themselves by their actions."
But civil libertarians, restaurateurs and many of their customers who were either questioned or arrested have decried the police tactic. They said many people who were drinking responsibly and causing no commotion now have the Class 4 misdemeanor of public intoxication on their record, and many more potential customers were scared away for good out of fear that a drink or two could get them arrested.
"It does smack of a pending police state if law enforcement is going into establishments to monitor behavior," said Lynne Breaux, executive director of the Metropolitan Washington Restaurant Association. "At the same time, we strongly oppose any combination of drinking and driving."
Under Virginia law, a restaurant or bar is a public place, and public intoxication is a low-level misdemeanor punishable by a night in jail and up to a $ 250 fine.
Kent Willis of the Virginia branch of the American Civil Liberties Union said the law does not specify what level of blood alcohol constitutes public drunkenness. The level for drunken driving is 0.08.
Police said the holiday raids, first reported in the Reston Times, were born of a community policing goal of discouraging crime before it occurs. Bennett said police had been called repeatedly to the three bars in response to fights and disorderly conduct. Undercover agents found no problems in 17 other bars they visited before Christmas, he said. And four of the men arrested were on their way to their cars when police stopped them, he said.
"We're not talking about overzealousness here," Bennett said, adding that uniformed police officers who made the arrests were accompanied by members of the police bicycle patrol clad in nylon pants and polo shirts.
But bartenders and patrons saw it differently.
At Ned DeVine's restaurant in Reston, owner Graham Davies said seven or eight police officers "came bursting into the place."
"If they decided you had too much to drink, you were targeted," Davies said, acknowledging that he believed the three customers who were arrested at his tavern probably had too much to drink.
"The police are within their rights. I can't disagree with what they want to do, which is save lives. But I disagree with the way they did it."
At Champps in Reston, general manager Kevin O'Hare described police as "antagonistic." He said they "pulled" people from their chairs who were making no commotion. "They're always welcome to come in anytime," he said of police. "It's not an issue when they talk to our guests. But when they actually pull people out of their seats, it is an issue. When it's borderline harassment, it's an issue."
One man who was arrested during one of the police raids acknowledged having several drinks during the course of the afternoon, but said he was not driving or acting unruly as he sat at a table with several work colleagues. He had just finished singing "Jingle Bell Rock" on the karaoke machine when an officer asked him to step outside. He failed a breath test and was taken in a van to jail.
"I've lived my life with tremendous respect for the rule of law," said the man, who spoke on condition of anonymity because he is contesting the charges.
Now his respect is tarnished.
"You could be anybody, anywhere, and they can take you out and throw you in jail," he said. ". . .I didn't do anything other than to be in the wrong place at the wrong time."
Katherine K. Hanley (D), chairman of the Fairfax County Board of Supervisors, said the operation was a tool to reduce drunken driving and would be evaluated before it is repeated.
Fairfax cops arrest stripper for stripping and then drop the charges
The Washington Post
September 12, 1985, Thursday, Final Edition
Fairfax County Drops Case Against Stripper;
Woman Alleged Police Entrapment
BYLINE: By Patricia Davis, Washington Post Staff Writer
SECTION: Metro; D8
LENGTH: 336 words
Fairfax County prosecutors yesterday unexpectedly dropped a charge of indecent exposure against a professional stripper who said she had been entrapped by a group of county police officers.
"I don't know what this means," said George D. Varoutsos, attorney for Linda Barnett, the stripper. "I guess it means you can take your clothes off in a motel room."
Barnett, 33, was arrested on the misdemeanor charge May 8 at the Tysons Corner Holiday Inn by Fairfax County police officers. The D.C. resident, who runs a business called "Have Fun, Will Travel," has said she went to the motel to entertain a group of men she believed were giving a bachelor party.
"We do live, theatrical scenarios in the spirit of burlesque," Barnett explained yesterday as she nervously awaited her court appearance in Fairfax County General District Court. "In the course of a 20-minute show . . . the performer is naked for seven to eight minutes."
Barnett acknowledges that she performed for the group of eight men, all of whom turned out to be police officers, but she steadfastly maintains that she was entrapped.
She said the man who made the appointment said that the bachelor party was for "kind of a wild bunch."
Barnett said she went to the motel, performed her routine and was nude for seven to eight minutes.
The officers had rented two $88-a-night rooms at the motel and furnished them with liquor and snacks to look like a party. After she finished her performance, she said, the men "tried to get me to prostitute myself." She said she refused and never got her $150 fee.
"The procedures leading up to her arrest were correct," said police spokesman Warren R. Carmichael, adding that the action that led to the arrest came from a citizen's complaint.
Under Virginia law, anyone who makes an obscene display of his or her body in a public place or in any place where others are present, can be found guilty of indecent exposure. The charge carries a maximum penalty of a $1,000 fine and 12 months in jail.
September 12, 1985, Thursday, Final Edition
Fairfax County Drops Case Against Stripper;
Woman Alleged Police Entrapment
BYLINE: By Patricia Davis, Washington Post Staff Writer
SECTION: Metro; D8
LENGTH: 336 words
Fairfax County prosecutors yesterday unexpectedly dropped a charge of indecent exposure against a professional stripper who said she had been entrapped by a group of county police officers.
"I don't know what this means," said George D. Varoutsos, attorney for Linda Barnett, the stripper. "I guess it means you can take your clothes off in a motel room."
Barnett, 33, was arrested on the misdemeanor charge May 8 at the Tysons Corner Holiday Inn by Fairfax County police officers. The D.C. resident, who runs a business called "Have Fun, Will Travel," has said she went to the motel to entertain a group of men she believed were giving a bachelor party.
"We do live, theatrical scenarios in the spirit of burlesque," Barnett explained yesterday as she nervously awaited her court appearance in Fairfax County General District Court. "In the course of a 20-minute show . . . the performer is naked for seven to eight minutes."
Barnett acknowledges that she performed for the group of eight men, all of whom turned out to be police officers, but she steadfastly maintains that she was entrapped.
She said the man who made the appointment said that the bachelor party was for "kind of a wild bunch."
Barnett said she went to the motel, performed her routine and was nude for seven to eight minutes.
The officers had rented two $88-a-night rooms at the motel and furnished them with liquor and snacks to look like a party. After she finished her performance, she said, the men "tried to get me to prostitute myself." She said she refused and never got her $150 fee.
"The procedures leading up to her arrest were correct," said police spokesman Warren R. Carmichael, adding that the action that led to the arrest came from a citizen's complaint.
Under Virginia law, anyone who makes an obscene display of his or her body in a public place or in any place where others are present, can be found guilty of indecent exposure. The charge carries a maximum penalty of a $1,000 fine and 12 months in jail.
cops arrest citizen for drinking in a bar..again, to much money, too much time to spare and not enough to do
The Washington Post
February 28, 2003 Friday
Final Edition
Two Sentenced in Va. Bar Sweep Dispute Police
BYLINE: Carol Morello, Washington Post Staff Writer
SECTION: METRO; Pg. B05
LENGTH: 846 words
On karaoke night at a crowded Reston bar just before Christmas, Daniel Crowley had at least six beers at a stage side table where he sat with three friends.
The mortgage broker had no idea that the attractive man and woman eyeing him from their stools were plainclothes Fairfax County police officers. Their mission was to observe drunks in bars so uniformed officers could arrest them on charges of being drunk in public.
No one had complained about Crowley's behavior, and one of his friends was the night's designated driver. But Crowley was about to be caught up in a police operation that was designed to deter intoxicated drivers, but has subsequently been criticized as heavy-handed and unfair.
"I didn't know what was going on," Crowley testified yesterday in Fairfax County General District Court, where he contested the charge before Judge Michael Cassidy. "I'd paid my tab, and I was ready to go home."
More than two months after police raided bars in Herndon and Reston on five nights during the holiday season, several of the nine men charged with public drunkenness are challenging their arrests.
Police have called the sweep a success and noted that defendants who agreed to breathalyzer tests registered blood-alcohol levels ranging from 0.14 to 0.22. But civil libertarians, restaurateurs and many patrons contend police arrested people who were drinking responsibly and causing no commotion. Under Virginia law, public intoxication is a low-level misdemeanor punishable by a night in jail and a fine of up to $ 250.
Crowley and Michael Damkot had trials yesterday. Cassidy ruled that both men were intoxicated in public and ordered them to perform 25 hours of community service. No conviction will go on their records. Two other defendants have attorneys and will appear before Cassidy later.
Only two defendants pleaded guilty. Three others were convicted and fined $ 35 when they did not appear in court yesterday.
"I'm happy with the outcome," said Damkot, 24, of Herndon, who represented himself. "I don't necessarily agree with the tactic. But the law is the law. I broke it, and I'll pay my penance to society."
Damkot acknowledged that he was intoxicated the night he was arrested at Champps in Reston. Fairfax County police officers testified that they noticed him because of his bloodshot eyes and overheard him tell a young woman that he intended to drive home. After ordering him a glass of water, the woman told the undercover officers that she wanted to keep him from doing "anything stupid," police testified.
But Damkot said he had no car to drive that night.
"I didn't have a vehicle there," he said. "I had no intention of driving. I knew I'd been in a bar, and I was drinking."
In sentencing Damkot to 25 hours of public service, Cassidy lectured him about the dangers of drinking too much -- even in a tavern. Under Virginia law, a bar is a public place.
"Just because you're in a bar doesn't mean you can get wiped out," Cassidy told Damkot. "You could be a danger to yourself and a threat to the public."
Crowley and his drinking companions disputed police testimony that they observed him spilling beer in his lap, slurring his speech and having trouble staying upright on his seat.
"He was at a table with a group, and his behavior stood out from all the others," said Fairfax County Police Sgt. O.W. Elam.
Under cross-examination from Crowley's attorney, police acknowledged that neither they nor bar patrons had complained that Crowley was acting unruly or meddlesome. They also testified that he did not disobey their orders, even though he declined to submit to a breathalyzer test.
Crowley, 29, testified that he has a chronic problem with red eyes and pulled from his pocket a bottle of eyedrops that he said he uses every day.
Wendy Richards, a friend who was drinking beer with him that night, denied that Crowley showed any symptoms of intoxication. She testified that she had been chatting with the two undercover officers, not realizing they were anything but customers.
"They humiliated me," she said after the hearing. "They used me as a decoy."
Jacob Perkins, an attorney for Crowley, argued that Crowley should not have been arrested because he was not bothering anyone. "There's a difference between being drunk in public and being rowdy and drunk in public," he said.
After the hearing, Crowley decried the police sweep and said he no longer frequents bars in Fairfax.
"I'm not happy with the way they can walk into a restaurant and do as they please," he said of police. "I don't want to go to places in the atmosphere where you don't know who is who."
The operation was defended by Ron Miner, a member of the Fairfax County DWI oversight committee, who attended court to observe the proceedings. Miner noted that police launched the raids after responding to bar fights at several taverns.
"They were trying to have a high-visibility presence in the area," he said. "It's an effort to try to deter violent behavior and keep people from driving drunk. . . . I think it was good public awareness."
February 28, 2003 Friday
Final Edition
Two Sentenced in Va. Bar Sweep Dispute Police
BYLINE: Carol Morello, Washington Post Staff Writer
SECTION: METRO; Pg. B05
LENGTH: 846 words
On karaoke night at a crowded Reston bar just before Christmas, Daniel Crowley had at least six beers at a stage side table where he sat with three friends.
The mortgage broker had no idea that the attractive man and woman eyeing him from their stools were plainclothes Fairfax County police officers. Their mission was to observe drunks in bars so uniformed officers could arrest them on charges of being drunk in public.
No one had complained about Crowley's behavior, and one of his friends was the night's designated driver. But Crowley was about to be caught up in a police operation that was designed to deter intoxicated drivers, but has subsequently been criticized as heavy-handed and unfair.
"I didn't know what was going on," Crowley testified yesterday in Fairfax County General District Court, where he contested the charge before Judge Michael Cassidy. "I'd paid my tab, and I was ready to go home."
More than two months after police raided bars in Herndon and Reston on five nights during the holiday season, several of the nine men charged with public drunkenness are challenging their arrests.
Police have called the sweep a success and noted that defendants who agreed to breathalyzer tests registered blood-alcohol levels ranging from 0.14 to 0.22. But civil libertarians, restaurateurs and many patrons contend police arrested people who were drinking responsibly and causing no commotion. Under Virginia law, public intoxication is a low-level misdemeanor punishable by a night in jail and a fine of up to $ 250.
Crowley and Michael Damkot had trials yesterday. Cassidy ruled that both men were intoxicated in public and ordered them to perform 25 hours of community service. No conviction will go on their records. Two other defendants have attorneys and will appear before Cassidy later.
Only two defendants pleaded guilty. Three others were convicted and fined $ 35 when they did not appear in court yesterday.
"I'm happy with the outcome," said Damkot, 24, of Herndon, who represented himself. "I don't necessarily agree with the tactic. But the law is the law. I broke it, and I'll pay my penance to society."
Damkot acknowledged that he was intoxicated the night he was arrested at Champps in Reston. Fairfax County police officers testified that they noticed him because of his bloodshot eyes and overheard him tell a young woman that he intended to drive home. After ordering him a glass of water, the woman told the undercover officers that she wanted to keep him from doing "anything stupid," police testified.
But Damkot said he had no car to drive that night.
"I didn't have a vehicle there," he said. "I had no intention of driving. I knew I'd been in a bar, and I was drinking."
In sentencing Damkot to 25 hours of public service, Cassidy lectured him about the dangers of drinking too much -- even in a tavern. Under Virginia law, a bar is a public place.
"Just because you're in a bar doesn't mean you can get wiped out," Cassidy told Damkot. "You could be a danger to yourself and a threat to the public."
Crowley and his drinking companions disputed police testimony that they observed him spilling beer in his lap, slurring his speech and having trouble staying upright on his seat.
"He was at a table with a group, and his behavior stood out from all the others," said Fairfax County Police Sgt. O.W. Elam.
Under cross-examination from Crowley's attorney, police acknowledged that neither they nor bar patrons had complained that Crowley was acting unruly or meddlesome. They also testified that he did not disobey their orders, even though he declined to submit to a breathalyzer test.
Crowley, 29, testified that he has a chronic problem with red eyes and pulled from his pocket a bottle of eyedrops that he said he uses every day.
Wendy Richards, a friend who was drinking beer with him that night, denied that Crowley showed any symptoms of intoxication. She testified that she had been chatting with the two undercover officers, not realizing they were anything but customers.
"They humiliated me," she said after the hearing. "They used me as a decoy."
Jacob Perkins, an attorney for Crowley, argued that Crowley should not have been arrested because he was not bothering anyone. "There's a difference between being drunk in public and being rowdy and drunk in public," he said.
After the hearing, Crowley decried the police sweep and said he no longer frequents bars in Fairfax.
"I'm not happy with the way they can walk into a restaurant and do as they please," he said of police. "I don't want to go to places in the atmosphere where you don't know who is who."
The operation was defended by Ron Miner, a member of the Fairfax County DWI oversight committee, who attended court to observe the proceedings. Miner noted that police launched the raids after responding to bar fights at several taverns.
"They were trying to have a high-visibility presence in the area," he said. "It's an effort to try to deter violent behavior and keep people from driving drunk. . . . I think it was good public awareness."
an unidentified Fairfax County police officer made some hurtful remarks regarding the character of the people
The Washington Times
July 20, 1995, Thursday, Final Edition
Matters of trust: How police see citizens' rights ...
SECTION: Part A; COMMENTARY; EDITORIALS; LETTERS; Pg. A22
LENGTH: 443 words
I was quite disturbed to read your July 12 editorial "Sent packing in Fairfax," in which Fairfax County Police Chief M. Douglas Scott and an unidentified Fairfax County police officer made some hurtful remarks regarding the character of the people applying for a concealed-weapon permit under Virginia's new concealed-weapon law.
The Washington Times reported that Chief Scott remarked that the new concealed-weapon law was "really scary." Your editorial also stated that an unidentified officer, upon seeing residents lined up to get their concealed-weapon permit applications, remarked, "Here comes the Wild West."
I don't intend to debate the merits of the concealed-weapons law. Rather, I wonder why Chief Scott and some police officers seemingly have such contempt for me and others like me as we merely go about exercising our rights under the law.
Implied in the statements that it's "really scary" and "Here comes the Wild West" is an attitude that places a barrier between the police and me. I am not a police officer, and I don't know any officers. I can imagine, however, that daily, grinding contact with the criminal (or marginally criminal) element of Fairfax has left its mark.
I am sure that the police - in order to survive - hold a view of the public that differs from mine. Nevertheless, I ask that Chief Scott reconsider his view because he is missing the fact that the vast majority of Fairfax residents support, defend and respect the police. I am concerned, then, that police would think any less of me simply because I wish to exercise my right to apply for a concealed-weapon permit.
I didn't know what to expect when I arrived at the Fairfax County police station annex on July 3, the first day of the application process. Aside from the long line (which I did expect), I found a delightful cross section of Fairfax County residents - black and white, young and old, men and women. If Chief Scott had been there, he would have seen the average law-abiding Fairfax County resident. He need not fear them. In fact, his job would be much easier if all Fairfax County residents were like the people in line that day.
Responsible citizens have rights, and with those rights come obligations. For a long time, the courts have held such people in contempt, presuming to know their needs and acting with destructive benevolence and active indifference. Virginia Gov. George Allen has transformed the situation, transferring an obligation from the state and placing it back where it belongs, with the citizen.
ANTHONY R. VANCHIERI
Alexandria
July 20, 1995, Thursday, Final Edition
Matters of trust: How police see citizens' rights ...
SECTION: Part A; COMMENTARY; EDITORIALS; LETTERS; Pg. A22
LENGTH: 443 words
I was quite disturbed to read your July 12 editorial "Sent packing in Fairfax," in which Fairfax County Police Chief M. Douglas Scott and an unidentified Fairfax County police officer made some hurtful remarks regarding the character of the people applying for a concealed-weapon permit under Virginia's new concealed-weapon law.
The Washington Times reported that Chief Scott remarked that the new concealed-weapon law was "really scary." Your editorial also stated that an unidentified officer, upon seeing residents lined up to get their concealed-weapon permit applications, remarked, "Here comes the Wild West."
I don't intend to debate the merits of the concealed-weapons law. Rather, I wonder why Chief Scott and some police officers seemingly have such contempt for me and others like me as we merely go about exercising our rights under the law.
Implied in the statements that it's "really scary" and "Here comes the Wild West" is an attitude that places a barrier between the police and me. I am not a police officer, and I don't know any officers. I can imagine, however, that daily, grinding contact with the criminal (or marginally criminal) element of Fairfax has left its mark.
I am sure that the police - in order to survive - hold a view of the public that differs from mine. Nevertheless, I ask that Chief Scott reconsider his view because he is missing the fact that the vast majority of Fairfax residents support, defend and respect the police. I am concerned, then, that police would think any less of me simply because I wish to exercise my right to apply for a concealed-weapon permit.
I didn't know what to expect when I arrived at the Fairfax County police station annex on July 3, the first day of the application process. Aside from the long line (which I did expect), I found a delightful cross section of Fairfax County residents - black and white, young and old, men and women. If Chief Scott had been there, he would have seen the average law-abiding Fairfax County resident. He need not fear them. In fact, his job would be much easier if all Fairfax County residents were like the people in line that day.
Responsible citizens have rights, and with those rights come obligations. For a long time, the courts have held such people in contempt, presuming to know their needs and acting with destructive benevolence and active indifference. Virginia Gov. George Allen has transformed the situation, transferring an obligation from the state and placing it back where it belongs, with the citizen.
ANTHONY R. VANCHIERI
Alexandria
Suspect shot during her arrest
The Washington Post
January 25, 1979, Thursday, Final Edition
The Washington Times
July 7, 1998, Tuesday, Final Edition
Suspect shot during her arrest
BYLINE: Stephen Dinan; THE WASHINGTON TIMES
SECTION: Part C; METROPOLITAN TIMES; VIRGINIA NEWS; Pg. C7
LENGTH: 323 words
A Fairfax County police officer's gun went off during a scuffle yesterday morning, wounding a woman who had just led police on a long chase along U.S. Route 1 through Prince William and Fairfax counties. After the chase finally ended in a Mount Vernon shopping center, Diana Elizabeth Tyler, 38, of Stafford County, refused to get out of her car. While Fairfax officers pulled her from the car, one officer's gun went off, police said.
The bullet struck her in the neck, police said. Police wouldn't give the name of the officer whose gun discharged and would only say that he was holding the gun in his hand at the time. The department's internal affairs division is investigating.Prince William County police spokeswoman Sgt. Kim Chinn said Miss Tyler led police on a 27-minute chase through the county there, changing direction on Route 1 several times, before heading into Fairfax County.After a 10-mile chase along Route 1 north through Fairfax, Miss Tyler pulled into the parking lot for Engleside Plaza. Police blocked her 1995 Oldsmobile Achieva in before she could leave.They ran to the vehicle, telling her to get out. She refused and the officers struggled to pull her out, which is when the officer's weapon fired.Miss Tyler's neck injury was treated at Inova Fairfax Hospital and she was released. There were no injuries or damage to cars during the chase.Miss Tyler was charged with driving on a suspended license and attempting to elude police. She is being held without bond in Fairfax County.Police took the opportunity to serve her with a number of outstanding warrants, including one in Fairfax for a felony bad-check incident; a failure-to-appear warrant from a bad-check charge in Stafford County; and a failure-to-appear warrant for a larceny charge in Fredericksburg. Prince William police charged her with driving on a suspended license and attempting to elude police.
January 25, 1979, Thursday, Final Edition
The Washington Times
July 7, 1998, Tuesday, Final Edition
Suspect shot during her arrest
BYLINE: Stephen Dinan; THE WASHINGTON TIMES
SECTION: Part C; METROPOLITAN TIMES; VIRGINIA NEWS; Pg. C7
LENGTH: 323 words
A Fairfax County police officer's gun went off during a scuffle yesterday morning, wounding a woman who had just led police on a long chase along U.S. Route 1 through Prince William and Fairfax counties. After the chase finally ended in a Mount Vernon shopping center, Diana Elizabeth Tyler, 38, of Stafford County, refused to get out of her car. While Fairfax officers pulled her from the car, one officer's gun went off, police said.
The bullet struck her in the neck, police said. Police wouldn't give the name of the officer whose gun discharged and would only say that he was holding the gun in his hand at the time. The department's internal affairs division is investigating.Prince William County police spokeswoman Sgt. Kim Chinn said Miss Tyler led police on a 27-minute chase through the county there, changing direction on Route 1 several times, before heading into Fairfax County.After a 10-mile chase along Route 1 north through Fairfax, Miss Tyler pulled into the parking lot for Engleside Plaza. Police blocked her 1995 Oldsmobile Achieva in before she could leave.They ran to the vehicle, telling her to get out. She refused and the officers struggled to pull her out, which is when the officer's weapon fired.Miss Tyler's neck injury was treated at Inova Fairfax Hospital and she was released. There were no injuries or damage to cars during the chase.Miss Tyler was charged with driving on a suspended license and attempting to elude police. She is being held without bond in Fairfax County.Police took the opportunity to serve her with a number of outstanding warrants, including one in Fairfax for a felony bad-check incident; a failure-to-appear warrant from a bad-check charge in Stafford County; and a failure-to-appear warrant for a larceny charge in Fredericksburg. Prince William police charged her with driving on a suspended license and attempting to elude police.
Horan finds another cop innocent of murder
Officer Cleared in Janitor's Death
BYLINE: By Athelia Knight, Washington Post Staff Writer
SECTION: Metro; C9
LENGTH: 309 words
An internal Fairfax County police investigation has cleared a police officer who mistakenly shot a janitor during a stakeout of an often robbed school, Commonwealth's Attorney Robert F. Horan Jr. said yesterday. Horan said the investigation found "no wrongdoing" by officer David Lubas, who shot and killed custodian John Jackson Dec. 29 in the kitchen of the private Talent House School, 9211 Arlington Blvd.Lubas shot Jackson three times when he entered the school with his 22 caliber gun, apparently to begin his own stakeout.Jackson was unaware that two plain clothes police officers were also staking out the school.
"It's a tragic incident," Horan said. "There is no reason to suspect that Jackson was coming in there to burglarize the place. He was coming there to stake the place out like the police [were doing.]" Eldon Merritt, owner of the school, had offered a $500 reward to his employes for help in apprehending the persons responsible for a series of burglaries at the school.Jackson, 33, of Manassas, had returned to the school about 1:30 a.m. on Dec. 29. But, unknown to him, two Fairfax County police officers, Lubas and Nancy Lutz, were inside the school on a stakeout."Normally on a stakeout, you let as few people know about it as possible," Horan said. "There is a question of whether or why Mr. Jackson wasn't told about it. Certainly, he should have been notified."David Feldman, an attorney who is investigating the death for Jackson's family, said yesterday that Jackson had staked out the school premises the three nights prior to the shooting. "It's absolutely obvious that something went wrong," Feldman said.Horan said Lubas, a three-year police veteran who had been placed on administrative leave pending the completion of the police investigation, returned to work last week.
BYLINE: By Athelia Knight, Washington Post Staff Writer
SECTION: Metro; C9
LENGTH: 309 words
An internal Fairfax County police investigation has cleared a police officer who mistakenly shot a janitor during a stakeout of an often robbed school, Commonwealth's Attorney Robert F. Horan Jr. said yesterday. Horan said the investigation found "no wrongdoing" by officer David Lubas, who shot and killed custodian John Jackson Dec. 29 in the kitchen of the private Talent House School, 9211 Arlington Blvd.Lubas shot Jackson three times when he entered the school with his 22 caliber gun, apparently to begin his own stakeout.Jackson was unaware that two plain clothes police officers were also staking out the school.
"It's a tragic incident," Horan said. "There is no reason to suspect that Jackson was coming in there to burglarize the place. He was coming there to stake the place out like the police [were doing.]" Eldon Merritt, owner of the school, had offered a $500 reward to his employes for help in apprehending the persons responsible for a series of burglaries at the school.Jackson, 33, of Manassas, had returned to the school about 1:30 a.m. on Dec. 29. But, unknown to him, two Fairfax County police officers, Lubas and Nancy Lutz, were inside the school on a stakeout."Normally on a stakeout, you let as few people know about it as possible," Horan said. "There is a question of whether or why Mr. Jackson wasn't told about it. Certainly, he should have been notified."David Feldman, an attorney who is investigating the death for Jackson's family, said yesterday that Jackson had staked out the school premises the three nights prior to the shooting. "It's absolutely obvious that something went wrong," Feldman said.Horan said Lubas, a three-year police veteran who had been placed on administrative leave pending the completion of the police investigation, returned to work last week.
Fairfax County police rapped for lacking public, press candor
The Washington Times
July 30, 1991, Tuesday, Final Edition
Fairfax County police rapped for lacking public, press candor
BYLINE: Frank Wolfe; THE WASHINGTON TIMES
SECTION: Part B; METROPOLITAN; Pg. B1
LENGTH: 567 words
Fairfax County Supervisor Thomas M. Davis said yesterday that county police should improve procedures for getting information to the public and the news media."The police have a number of responsibilities, the most important of which is catching the bad guys," said Mr. Davis, Mason Republican. "But can we be more responsive? Yeah, we can do a better job."
Following published reports and complaints from reporters that information about some crimes has been withheld, Mr. Davis said he will suggest meetings be held among police, county supervisors and reporters to improve the flow of crime information. Mr. Mason's election opponent, County Board Chairman Audrey Moore, was more cautious."I think the goal should be to balance the public's right to know with the confidentiality needed to protect police investigations and the rights of victims," she said.The comments come at a time when Fairfax County police are being criticized for not initiating the release of several newsworthy incidents.The three incidents cited by the Fairfax Journal were:* The burning of the word "Jew" into the front yard of a West Springfield family last month. Police said the report on the incident was a destruction of property report. Police spokesman Warren Carmichael said yesterday his office doesn't normally look into such destruction reports because they are usually not of interest to the media.It is up to the commanders of the seven district stations, he said, to give his office further details. In addition, he said, police are concerned with protecting a family's privacy.An account of the lawn burning appeared in a local newspaper when B'nai B'rith officials and the family reported it to the paper. County police should probably have given the information to all news outlets after the public information office learned of it, Mr. Carmichael said.* County police did not report the kidnapping of a British Royal Air Force officer from a Tysons Corner parking lot last month. The officer was taken in the trunk of a car to Prince George's County, where he managed to get out using a tire iron.Several days later Fairfax police arrested two suspects. Mr. Carmichael said yesterday that county police did not report the incident because it was an FBI case."If it's not our case, it's not our place to give out information," said Col. John E. Granfield, chief of the 985-member county police department.* On July 12, a fight between Hispanic and black youths broke out near Jeb Stuart High School at Baileys Crossroads. Headquarters again learned of the incident from a local newspaper and called the Mason District station to get the necessary information.One of the youths involved was charged with attempted malicious wounding and six others were charged with disorderly conduct. Those charges showed up on a police computer in the public information office. But such minor charges are not normally considered newsworthy and a comprehensive station report on the incident was not given to the public information office, Mr. Carmichael said."We will continue to emphasize to our people in the field that they be sure to forward the reports to us or call us," he said.The police public information office receives daily activity reports on all major crimes, such as homicides and robberies.
July 30, 1991, Tuesday, Final Edition
Fairfax County police rapped for lacking public, press candor
BYLINE: Frank Wolfe; THE WASHINGTON TIMES
SECTION: Part B; METROPOLITAN; Pg. B1
LENGTH: 567 words
Fairfax County Supervisor Thomas M. Davis said yesterday that county police should improve procedures for getting information to the public and the news media."The police have a number of responsibilities, the most important of which is catching the bad guys," said Mr. Davis, Mason Republican. "But can we be more responsive? Yeah, we can do a better job."
Following published reports and complaints from reporters that information about some crimes has been withheld, Mr. Davis said he will suggest meetings be held among police, county supervisors and reporters to improve the flow of crime information. Mr. Mason's election opponent, County Board Chairman Audrey Moore, was more cautious."I think the goal should be to balance the public's right to know with the confidentiality needed to protect police investigations and the rights of victims," she said.The comments come at a time when Fairfax County police are being criticized for not initiating the release of several newsworthy incidents.The three incidents cited by the Fairfax Journal were:* The burning of the word "Jew" into the front yard of a West Springfield family last month. Police said the report on the incident was a destruction of property report. Police spokesman Warren Carmichael said yesterday his office doesn't normally look into such destruction reports because they are usually not of interest to the media.It is up to the commanders of the seven district stations, he said, to give his office further details. In addition, he said, police are concerned with protecting a family's privacy.An account of the lawn burning appeared in a local newspaper when B'nai B'rith officials and the family reported it to the paper. County police should probably have given the information to all news outlets after the public information office learned of it, Mr. Carmichael said.* County police did not report the kidnapping of a British Royal Air Force officer from a Tysons Corner parking lot last month. The officer was taken in the trunk of a car to Prince George's County, where he managed to get out using a tire iron.Several days later Fairfax police arrested two suspects. Mr. Carmichael said yesterday that county police did not report the incident because it was an FBI case."If it's not our case, it's not our place to give out information," said Col. John E. Granfield, chief of the 985-member county police department.* On July 12, a fight between Hispanic and black youths broke out near Jeb Stuart High School at Baileys Crossroads. Headquarters again learned of the incident from a local newspaper and called the Mason District station to get the necessary information.One of the youths involved was charged with attempted malicious wounding and six others were charged with disorderly conduct. Those charges showed up on a police computer in the public information office. But such minor charges are not normally considered newsworthy and a comprehensive station report on the incident was not given to the public information office, Mr. Carmichael said."We will continue to emphasize to our people in the field that they be sure to forward the reports to us or call us," he said.The police public information office receives daily activity reports on all major crimes, such as homicides and robberies.
Probe Finds Allegations of Off-Duty Drug Use
The Washington Post
September 5, 1987, Saturday, Final Edition
4 Fairfax Dispatchers Quit;
Probe Finds Allegations of Off-Duty Drug Use
BYLINE: Patricia Davis, Washington Post Staff Writer
SECTION: METRO; PAGE B5
LENGTH: 360 words
Four Fairfax County 911 dispatchers and call-takers resigned after an internal police department investigation produced allegations that they had used illegal drugs while off duty, county police said yesterday. The three-month investigation by the police internal affairs section, described as "exhaustive," was begun after information was received from sources outside the police department, spokesman Warren Carmichael said. The civilian dispatchers -- who were not identified -- are alleged to have used "amphetamines and other" drugs while off duty, Carmichael said.
"The bottom line is there was absolutely no use of any drugs by any of these people while on duty," said Carmichael. "Service to the public was not affected in any way." Police department employes are prohibited from using illegal drugs either on or off duty. He said the former dispatchers and call-takers, who worked at the county's Emergency Operations Center, resigned in June and July and have not been charged with a criminal offense.Carmichael confirmed the resignations after the department was questioned by a television reporter. Personnel matters are not ordinarily made public.Carmichael said "nothing in their performance on duty would have aroused suspicion" of any illegal drug use on the part of the employes. He said there was no evidence of any drug use among other dispatchers at the center.The county has about 100 civilian dispatchers and call-takers who field police and fire emergency and nonemergency calls over the 911 line, he said.The county had problems when it switched to a new computer-aided dispatch system in June at the communications center, currently at the county's new Pine Ridge Facility. There were complaints of delays in answering 911 calls and rerouting them to the proper dispatcher.Officials attributed the problems to defects in the software and the difficulty of learning a new system. They said dispatchers were initially working double duty by monitoring the old system to check the performance of the new.Carmichael emphasized that the drug use by the employes was not related to performance at the new center.
Fairfax Police Admit Mistake in Diplomatic Flap
The Washington Post
January 29, 1994, Saturday, Final Edition
Fairfax Police Admit Mistake in Diplomatic Flap
ByLINE: Tamara Jones, Washington Post Staff Writer
SECTION: FIRST SECTION; PAGE A6
LENGTH: 442 words
Fairfax County police have admitted making a mistake in the arrest of a South African diplomat and his wife, but blame the pair's "hostility" in part for the events that landed them in jail on charges of public drunkenness. Documents released by the Fairfax Police Department yesterday in response to a Freedom of Information Act petition filed by The Washington Post said "appropriate measures" have been taken in the case.The South African Embassy had filed a protest with the State Department demanding to know why the diplomatic immunity of First Secretary Eckard Piprek, 34, and his wife, Gerda, 31, was disregarded when they were arrested Oct. 16 outside their Oakton home. Charges against the couple have since been dropped and the criminal complaint expunged from police files.
The South African Embassy indicated yesterday that it is not satisfied with the police conclusions, and it continued to deny that the Pipreks were drunk at the time of their arrest. "We have to pursue this with the State Department," said embassy spokesman Wesley Johanneson. Police spokeswoman April Kranda said yesterday that the two arresting officers had made a "technical violation" by reporting the detention of the Pipreks to the South African Embassy instead of to the State Department.The violation "is not one which we would consider serious," she said. The department does not discuss disciplinary measures against its officers, and Kranda would not confirm or deny whether any were taken.Police were summoned to the Pipreks' home by neighbors complaining of a loud, drunken party outside. Officers Michael Kulikowsky and Onzy Elam took the Pipreks into custody only after they refused to quiet down and go back inside, according to an internal police investigation of the incident.In a letter to the State Department's protocol office, Police Chief Michael W. Young concluded that it "is evident that Mr. and Mrs. Piprek contributed in large part to the circumstances resulting in their arrest.""Their behavior in the cul-de-sac in front of their home, as well as at the Fairfax County Adult Detention Center, was not what one would expect from diplomats representing a foreign country," he wrote.The South African Embassy gave a different account, insisting that the Pipreks tried several times before and after their arrests to establish their diplomatic immunity, but were ignored. They were released after spending three hours in jail when an embassy official arrived to identify them.Kranda said the department "would not provide an apology" to the Pipreks or their embassy because it "would not be appropriate" in this case.
January 29, 1994, Saturday, Final Edition
Fairfax Police Admit Mistake in Diplomatic Flap
ByLINE: Tamara Jones, Washington Post Staff Writer
SECTION: FIRST SECTION; PAGE A6
LENGTH: 442 words
Fairfax County police have admitted making a mistake in the arrest of a South African diplomat and his wife, but blame the pair's "hostility" in part for the events that landed them in jail on charges of public drunkenness. Documents released by the Fairfax Police Department yesterday in response to a Freedom of Information Act petition filed by The Washington Post said "appropriate measures" have been taken in the case.The South African Embassy had filed a protest with the State Department demanding to know why the diplomatic immunity of First Secretary Eckard Piprek, 34, and his wife, Gerda, 31, was disregarded when they were arrested Oct. 16 outside their Oakton home. Charges against the couple have since been dropped and the criminal complaint expunged from police files.
The South African Embassy indicated yesterday that it is not satisfied with the police conclusions, and it continued to deny that the Pipreks were drunk at the time of their arrest. "We have to pursue this with the State Department," said embassy spokesman Wesley Johanneson. Police spokeswoman April Kranda said yesterday that the two arresting officers had made a "technical violation" by reporting the detention of the Pipreks to the South African Embassy instead of to the State Department.The violation "is not one which we would consider serious," she said. The department does not discuss disciplinary measures against its officers, and Kranda would not confirm or deny whether any were taken.Police were summoned to the Pipreks' home by neighbors complaining of a loud, drunken party outside. Officers Michael Kulikowsky and Onzy Elam took the Pipreks into custody only after they refused to quiet down and go back inside, according to an internal police investigation of the incident.In a letter to the State Department's protocol office, Police Chief Michael W. Young concluded that it "is evident that Mr. and Mrs. Piprek contributed in large part to the circumstances resulting in their arrest.""Their behavior in the cul-de-sac in front of their home, as well as at the Fairfax County Adult Detention Center, was not what one would expect from diplomats representing a foreign country," he wrote.The South African Embassy gave a different account, insisting that the Pipreks tried several times before and after their arrests to establish their diplomatic immunity, but were ignored. They were released after spending three hours in jail when an embassy official arrived to identify them.Kranda said the department "would not provide an apology" to the Pipreks or their embassy because it "would not be appropriate" in this case.
Fairfax Officers Face Steroid Charges
The Washington Post
May 12, 1994, Thursday, Final Edition
Fairfax Officers Face Steroid Charges
BYLINE: From news services and staff reports
SECTION: METRO; PAGE B6; AROUND THE REGION
LENGTH: 123 words
Two Fairfax County police officers, including the coordinator of the department's new wellness program, have been charged with unlawfully possessing anabolic steroids without a prescription, police said yesterday.
William R. Petracca, 43, of Lake Ridge, and Robert F. Cahill Jr., 35, of Annandale, were arrested Tuesday night on the misdemeanor charges and released after agreeing to appear in court, police said. Petracca, a 20-year member of the force, was coordinator of the wellness program and assigned to the Public Safety Training Academy. Cahill has been with the department eight years and was assigned to the Mount Vernon District. Both men have been on leave with pay since March, when an investigation was launched.
Police, family services ignore rape verdict
The Washington Times
December 22, 1995, Friday, Final Edition
Not-guilty dad still may lose daughters, job ;
Police, family services ignore rape verdict
BYLINE: Jim Keary; THE WASHINGTON TIMES
SECTION: Part C; METROPOLITAN TIMES; VIRGINIA NEWS; Pg. C5
LENGTH: 767 words
Although he was acquitted of criminal charges that he raped his own child, Fairfax County Police Officer Larry Neidig may still lose his job and never see either of his two daughters again.Both the county's police department, where Officer Neidig has worked for 19 years, and the Family Services Department, which has branded the officer a child molester, are ignoring the jury's verdict."It seems to be never ending," said William J. Scheme Jr., Officer Neidig's attorney. "I find it frustrating to prevail in the criminal case, then he's faced with all this."
Officer Neidig, who has been on paid administrative leave since the allegations surfaced in May, was found not guilty Sept. 21 in Fairfax County Circuit Court of a charge he raped his 11-year-old daughter. He was also acquitted on a sexual battery charge. But the Department of Family Services had already put him on a list of child abusers in June and did not remove his name when he was acquitted. Family Services had already ruled he sexually abused his daughter and is not bound by any verdict in a court, department officials say.Neither is the Police Department's internal affairs bureau, which this week notified Officer Neidig that it has concluded he sexually abused the girl. By Dec. 29, the department will tell him if he will be fired.Officials from both departments say the same rules of evidence used in criminal courts do not apply for their investigations."Family Services has no feelings for the love between the parent and the child. These children can't even see their daddy," said Officer Neidig's sister-in-law, Cathryn Bonzano, 33, of Centreville.Her sister, Marianne, was married to Officer Neidig before she died of lupus in 1992. The couple's two children, 11 and 4, now live with Mrs. Bonzano's sister, Nancy Bond, who is married to Charles Bond, a Fairfax County police lieutenant who worked for the child-abuse unit when the allegations were made but was reassigned over the summer.Officer Neidig, 40, of Fairfax, yesterday went before a Family Services hearing examiner to appeal the department's finding. The closed hearing will continue on Thursday, and the department must make a decision within 30 days from the last hearing day.Officer Neidig, who has not seen his children since May, said he could not comment on the matter until it is resolved.Susan Alexander, program manager for Family Services' crisis management department, said she also could not discuss the case, but said that even if a person accused of child abuse is acquitted in a criminal court, Family Services could continue to pursue the case to keep the person from children.Because of the Family Services' finding of child abuse, Officer Neidig has been listed on the state's Child Abuse and Neglect Information System Central Registry as a child abuser. The registry is used as a tool to screen people who work in the child care industry and other businesses that require security clearances - like law enforcement.If he is successful in his appeal, his name would be removed from the registry. Officer Neidig needs to clear his name before a hearing scheduled in March to regain custody of his daughters because it is unlikely he would succeed in that hearing with his name still on the state registry.Mrs. Bonzano, 33, of Centreville, who does not get along with her sister, Nancy Bond, said Officer Neidig's problems began on May 10 when Family Services received an anonymous complaint that he had fondled his daughter. She said the children were taken from their schools the next day and handed over to the Bonds.Even though Officer Neidig's 11-year-old daughter initially denied her father had sexual contact with her, after two months of interviews by investigators, she said her father had had sexual intercourse with her twice a week since she was 6 years old, Mrs. Bonzano said.But that would have been nearly imposssible, Mrs. Bonzano said, since her sister, Marianne, was at home most of the time until she died on Nov. 14, 1992. She said after her sister's death, she often cared for the children and never saw anything amiss."I had been around them frequently. It didn't seem like much was going on," Mrs. Bonzano said. "They loved being with their father."She also said there was medical evidence presented in Officer Neidig's defense that showed her 11-year-old niece had no signs of sexual activity and that her hymen was intact.
December 22, 1995, Friday, Final Edition
Not-guilty dad still may lose daughters, job ;
Police, family services ignore rape verdict
BYLINE: Jim Keary; THE WASHINGTON TIMES
SECTION: Part C; METROPOLITAN TIMES; VIRGINIA NEWS; Pg. C5
LENGTH: 767 words
Although he was acquitted of criminal charges that he raped his own child, Fairfax County Police Officer Larry Neidig may still lose his job and never see either of his two daughters again.Both the county's police department, where Officer Neidig has worked for 19 years, and the Family Services Department, which has branded the officer a child molester, are ignoring the jury's verdict."It seems to be never ending," said William J. Scheme Jr., Officer Neidig's attorney. "I find it frustrating to prevail in the criminal case, then he's faced with all this."
Officer Neidig, who has been on paid administrative leave since the allegations surfaced in May, was found not guilty Sept. 21 in Fairfax County Circuit Court of a charge he raped his 11-year-old daughter. He was also acquitted on a sexual battery charge. But the Department of Family Services had already put him on a list of child abusers in June and did not remove his name when he was acquitted. Family Services had already ruled he sexually abused his daughter and is not bound by any verdict in a court, department officials say.Neither is the Police Department's internal affairs bureau, which this week notified Officer Neidig that it has concluded he sexually abused the girl. By Dec. 29, the department will tell him if he will be fired.Officials from both departments say the same rules of evidence used in criminal courts do not apply for their investigations."Family Services has no feelings for the love between the parent and the child. These children can't even see their daddy," said Officer Neidig's sister-in-law, Cathryn Bonzano, 33, of Centreville.Her sister, Marianne, was married to Officer Neidig before she died of lupus in 1992. The couple's two children, 11 and 4, now live with Mrs. Bonzano's sister, Nancy Bond, who is married to Charles Bond, a Fairfax County police lieutenant who worked for the child-abuse unit when the allegations were made but was reassigned over the summer.Officer Neidig, 40, of Fairfax, yesterday went before a Family Services hearing examiner to appeal the department's finding. The closed hearing will continue on Thursday, and the department must make a decision within 30 days from the last hearing day.Officer Neidig, who has not seen his children since May, said he could not comment on the matter until it is resolved.Susan Alexander, program manager for Family Services' crisis management department, said she also could not discuss the case, but said that even if a person accused of child abuse is acquitted in a criminal court, Family Services could continue to pursue the case to keep the person from children.Because of the Family Services' finding of child abuse, Officer Neidig has been listed on the state's Child Abuse and Neglect Information System Central Registry as a child abuser. The registry is used as a tool to screen people who work in the child care industry and other businesses that require security clearances - like law enforcement.If he is successful in his appeal, his name would be removed from the registry. Officer Neidig needs to clear his name before a hearing scheduled in March to regain custody of his daughters because it is unlikely he would succeed in that hearing with his name still on the state registry.Mrs. Bonzano, 33, of Centreville, who does not get along with her sister, Nancy Bond, said Officer Neidig's problems began on May 10 when Family Services received an anonymous complaint that he had fondled his daughter. She said the children were taken from their schools the next day and handed over to the Bonds.Even though Officer Neidig's 11-year-old daughter initially denied her father had sexual contact with her, after two months of interviews by investigators, she said her father had had sexual intercourse with her twice a week since she was 6 years old, Mrs. Bonzano said.But that would have been nearly imposssible, Mrs. Bonzano said, since her sister, Marianne, was at home most of the time until she died on Nov. 14, 1992. She said after her sister's death, she often cared for the children and never saw anything amiss."I had been around them frequently. It didn't seem like much was going on," Mrs. Bonzano said. "They loved being with their father."She also said there was medical evidence presented in Officer Neidig's defense that showed her 11-year-old niece had no signs of sexual activity and that her hymen was intact.