MISSING ANIMAL: FAIRFAX AREA. ANSWERS TO THE NAME SNARKY. REWARD.
OPPS.....hold on, wrong picture....................here we go....................
"Snarky" on left, missing.
Fairfax County Police finally run out awards to give each other
THIS YEARS WINNER
OF
THE PRESTIGIOUS
"WHITE PLASTIC BUCKET THING FROM WALMART"
AWARD
THE FAIRFAX COUNTY POLICE:
WE GIVE OUT AWARDS BECAUSE, HEY, ITS NOT OUR MONEY SO WHY NOT?
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Witness Testimony Shared in Retrial of Former LRPD Officer Charged with Manslaughter
LITTLE ROCK, AR -- After more than a week of jury selection,
witness testimony began Tuesday in the retrial of Josh Hastings, a former
Little Rock Police officer charged with manslaughter after shooting 15-year-old
Bobby Moore III while on duty.
In opening statements to the jury, prosecution argued that Hastings fired three shots without considering alternative courses of action, while the defense contended that the car Moore was in was moving toward the defendant, never slowing until shots were fired.
The first day of testimony was not short on drama, as defense attorney Bill James was placed in contempt of court for actions during cross examination of the fourth witness.
Judge Wendell Griffen, very sternly, reminded the courtroom that there are rules about what will and what will not be allowed in this trial. Griffen claimed James "made a proffer in presence of the jury."
Apparently, James approached Griffen's bench while the jury and witness were still in the room, and asked to bring in evidence and testimony that had already been disallowed.
Griffen found James in contempt of the court and plans on addressing the issue at the end of the trial.
"Well, I did something the court didn't like," James said. "I don't think I did anything wrong, and that will be dealt with in due time."
The prosecution called a number of witnesses on the first day, including a juvenile that was in the car when the shooting occurred.
The 17-year-old, 16 at the time of the incident, testified that they were "driving around that night with Bobby driving checking cars." He explained that as "going into cars looking for what we could find."
After smashing the window of the last car, he says they walked back to their car to leave.
The witness testified that while on the drive out of the apartment complex, with Moore driving, they saw someone holding a flashlight that announced themselves as a Little Rock Police officer and told them to stop the car.
The witness testified that Moore stopped the car six feet from the officer, who he could see was holding a gun. He said he got under the dash and felt the car go into reverse and start rolling backward when the shots were fired.
He confirmed a diagram submitted as evidence that showed how the car then rolled back down a decline before stopping when it hit a parked car.
Pictures of the scene, including Moore slumped over, were shown, causing the witness to pause his testimony as he was consumed with grief.
During the defense's cross examination, there was quite a bit of back and forth between James and the witness over what his current testimony compared to what he told police at the time and what was said in the last trial.
The witness, after much back and forth and during the prosecution's redirect, ended his testimony by saying Bobby completely stopped the car and was going backward before the shots were fired.
The sixth witness in the first day of testimony was the other juvenile in the back seat of the car at the time.
He testified during the prosecution's questioning that Bobby started gradually slowing as they approached the officer, and that the car started going backward immediately after the shots were fired.
When asked if Moore once ever tried to run that police officer over, he simply answered, "No."
The defense started its cross-examination by asking which direction the car was moving when the shots were fired.
The witness answered, "Forward."
The last witness of the day was Chief Medical Examiner Dr. Charles Kokes, who explained the gunshot wounds Moore suffered.
The prosecution presented autopsy pictures of Moore depicting where the three shots hit him. It showed one through his middle finger of the hand that was on the steering wheel, one through chest and one behind his behind ear that Dr. Kokes says ended Bobby Moore's life.
The proceedings are scheduled to resume Wednesday at 9 a.m.
In opening statements to the jury, prosecution argued that Hastings fired three shots without considering alternative courses of action, while the defense contended that the car Moore was in was moving toward the defendant, never slowing until shots were fired.
The first day of testimony was not short on drama, as defense attorney Bill James was placed in contempt of court for actions during cross examination of the fourth witness.
Judge Wendell Griffen, very sternly, reminded the courtroom that there are rules about what will and what will not be allowed in this trial. Griffen claimed James "made a proffer in presence of the jury."
Apparently, James approached Griffen's bench while the jury and witness were still in the room, and asked to bring in evidence and testimony that had already been disallowed.
Griffen found James in contempt of the court and plans on addressing the issue at the end of the trial.
"Well, I did something the court didn't like," James said. "I don't think I did anything wrong, and that will be dealt with in due time."
The prosecution called a number of witnesses on the first day, including a juvenile that was in the car when the shooting occurred.
The 17-year-old, 16 at the time of the incident, testified that they were "driving around that night with Bobby driving checking cars." He explained that as "going into cars looking for what we could find."
After smashing the window of the last car, he says they walked back to their car to leave.
The witness testified that while on the drive out of the apartment complex, with Moore driving, they saw someone holding a flashlight that announced themselves as a Little Rock Police officer and told them to stop the car.
The witness testified that Moore stopped the car six feet from the officer, who he could see was holding a gun. He said he got under the dash and felt the car go into reverse and start rolling backward when the shots were fired.
He confirmed a diagram submitted as evidence that showed how the car then rolled back down a decline before stopping when it hit a parked car.
Pictures of the scene, including Moore slumped over, were shown, causing the witness to pause his testimony as he was consumed with grief.
During the defense's cross examination, there was quite a bit of back and forth between James and the witness over what his current testimony compared to what he told police at the time and what was said in the last trial.
The witness, after much back and forth and during the prosecution's redirect, ended his testimony by saying Bobby completely stopped the car and was going backward before the shots were fired.
The sixth witness in the first day of testimony was the other juvenile in the back seat of the car at the time.
He testified during the prosecution's questioning that Bobby started gradually slowing as they approached the officer, and that the car started going backward immediately after the shots were fired.
When asked if Moore once ever tried to run that police officer over, he simply answered, "No."
The defense started its cross-examination by asking which direction the car was moving when the shots were fired.
The witness answered, "Forward."
The last witness of the day was Chief Medical Examiner Dr. Charles Kokes, who explained the gunshot wounds Moore suffered.
The prosecution presented autopsy pictures of Moore depicting where the three shots hit him. It showed one through his middle finger of the hand that was on the steering wheel, one through chest and one behind his behind ear that Dr. Kokes says ended Bobby Moore's life.
The proceedings are scheduled to resume Wednesday at 9 a.m.
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Officer charged with possession of heroin
CIRCLEVILLE — A Laurelville police officer who was terminated last week for failing to report to work after taking an injury leave in June was arrested on charges of possession of heroin and possession of drug instruments.
Ronnie Gillispie, 25, of Laurelville, was traveling in a 2005 Saturn minivan along U.S. 23 near North Court Street in Pickaway County Monday when troopers from the Ohio State Highway Patrol pulled over the vehicle for having a broken tail light.
After criminal indicators were observed, a trooper asked to search the vehicle and allegedly found three doses of heroin. Also charged was Romey Davis, 29, of Circleville. Both men were taken to Pickaway County Jail.
On Tuesday, Laurelville Police Chief Mike Berkemeier told The Logan Daily News that a decision to terminate Gillispie’s employment was made last week after he failed to report to work following an injury leave in June.
Gillispie reportedly packed a powder gun with ammunition to fire, but it backfired and caused severe injury to fingers on his hand.
“He hasn’t worked for three months,” Berkemeier said Tuesday. “He was technically still employed here until about a week ago. It took several weeks to make sure we had our T’s crossed and I’s dotted. After some time and discussion, the decision was made by my boss [Laurelville Mayor Jason Hettinger and Laurelville Council President Don Kempton], in conjunction with my input, to terminate his position last week, officially.”
Berkemeier said he had no prior knowledge of Gillispie having any alleged heroin abuse until his arrest on Monday.
“Unfortunately, we weren’t able to catch him in the act. I have no knowledge of him using illegal drugs prior to this whatsoever. And someone who is using heroin, it’s a pretty obvious thing and there are physical signs of it,” he said.
“He was one of the only officers that I had that I kind of inherited from the previous administration,” he said, adding that other than occasionally showing up late for his scheduled shift, there were no other discipline problems with Gillispie.
Although rumors have spread throughout the Laurelville community about acts Gillispie allegedly committed, Berkemeier said his hands were tied because no formal complaints were ever made with his office.
In order to investigate a crime, he said, a formal complaint must be made, but no one in the small village was willing to come forward.
Now, Berkemeier says he would like to drug test his officers before they’re hired, which is a process that isn’t currently happening.
“I wish we had [drug tested] earlier because we would know if there was a problem earlier than this, as to whether or not there was something going on,” he said.
Gillispie worked at the Laurelville Police Department for approximately two years.
“I have an extremely able and professional crew of employees, and my officers all do a good job and I have had no problems with any of them. I guess I can say this is a black eye on law enforcement when an officer, whether a former officer or not, (is charged with a crime). Someone who has held that position knows better, and I’m glad that we made the decision to terminate him before any of this became our problem,” Berkemeier said.
“My fear is this will reflect poorly on this department,” he added. “We have no control over what someone does after they leave, and unfortunately he made the wrong decision.”
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Jury awards $1 million to man wrongly jailed on cop assault charge
Cook
County jurors awarded $1 million Tuesday to a man who they agreed was wrongly
held in jail for more than a year.
John
Collins, now 42, was arrested in 2006 and spent 385 days in the Cook County
Jail before he was acquitted of aggravated battery to a police officer, his
lawyers said. Collins, a barber, was behind bars for the birth of his first
child, according to his attorneys.
In
Tuesday's civil case, jurors found against the city and Chicago police Officer
Michael Garza on a count of malicious prosecution. The city prevailed on a
separate count alleging battery by Garza and his partner. Collins was awarded
$100,000 for emotional distress and $900,000 for loss of a normal life.
In a
statement on the judgment, Roderick Drew, a spokesman for the city's Law
Department, broached the possibility of an appeal.
"We
are disappointed with the verdict in this case," the statement read.
"We will be exploring all available options, including an appeal."
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Suspended NJ officer indicted in fatal shooting
WOODBURY, N.J. (AP) - A suspended southern New Jersey police officer has been indicted on two counts of first-degree murder in the shooting death of a friend earlier this year.
James Stuart of Deptford was also charged with aggravated manslaughter and a weapons offense in the indictment handed up Wednesday by a Gloucester County grand jury.
The 29-year-old Stuart was off-duty when he allegedly shot 27-year-old David Compton of Woodbury on Jan. 5. Compton died several days later from his wounds.
Authorities have said the shooting occurred inside Stuart's apartment. But a possible motive has not been disclosed, and authorities have not said whether Stuart's service weapon was used in the shooting.
Stuart's lawyer has said the shooting was a "terrible accident."
Second Kaufman officer suspended
Tommie Matthews placed on administrative leave
Kaufman police officer Tommie Matthews is “on administrative paid leave pending the outcome of an internal investigation into a possible policy violation,” according to Capt. Ed Black of the Kaufman Police Department.
Black declined to provide further information as to what prompted the suspension and when.
Matthews is one of two Kaufman police who may face discipline. His status was brought to the Herald’s attention just one week after Kaufman police officer Juan Hernandez, an eight-year veteran, was arrested in the city of Dallas on suspicion of family violence.
Hernandez has been on administrative leave since his Sept. 12 incident. He is due for a court appearance on Nov. 7.
The Herald has submitted a public records request to obtain Hernandez’ arrest report.
The Kaufman City Council did not directly address the issue at its meeting Monday, although during an unrelated discussion, Councilmember Patty Patterson rhetorically asked “Do we do background checks on police before we hire them?” and City Manager Curtis Snow responded affirmatively.
Interim Police Chief John Laney has not publicly commented on either case.
Belleville Police Officer Suspended For Allegedly Sleeping On The Job
Department learned of photo of napping cop after it was shared on social media.
A Belleville officer has been suspended after being photographed asleep in his squad car, authorities said.The Belleville resident who took the photo told Patch they spotted the officer, identified as Jesse McKeough, sleeping in a Stop & Shop parking lot around 2 a.m. earlier in September. Belleville Police Chief Joe Rotonda said the photo came to the department’s attention after it was posted on Facebook. While no formal complaints were filed with the department, Rotunda said McKeough, who graduated from the Essex County Police Academy in March, was suspended in connection with the photograph.
“Obviously, we weren’t happy about it,” Rotonda said.
Rotunda said the officer was working a part time job during the time he was photographed sleeping. He said his department was “proactive” when it learned of the photo.
“Whether you're working for the township as a police officer or in a part time capacity, we wont tolerate such behavior,” Rotunda said. “And we dealt with it.”
Galion Police Officer Suspended
The Galion Police Department has suspended Officer John Bourne for 80 hours as a result of negligently handling evidence on a case on August 4, 2013. He will receive 40 hours of unpaid suspension and he will have 40 hours of his vacation time bank removed as part of the suspension. Officer Bourne has been charged and has pled guilty to Dereliction of Duty, a misdemeanor of the 2nd degree through the Crawford County Municipal Court. The charge reads in part that Officer Bourne “did negligently fail to perform a lawful duty in a criminal case or proceeding” between August 4, 2013 and August 6, 2013.
On August 4, 2013, Officer Bourne was the lead officer in an investigation where $731.00 was seized from a suspect. On August 13, 2013, the seized money was being returned to the suspect and it was determined that only $599.00 was in the evidence envelope. The Galion Police Department immediately began an inquiry into the missing money and asked the Crawford County Sheriff’s Office to conduct a criminal investigation. Once the criminal investigation was complete, the case went to the Crawford County Prosecutor’s office where it was given to a Special Prosecutor for review. The determination of the Special Prosecutor, based upon the evidence of the investigation, was to charge Officer Bourne with negligence under the Dereliction of Duty section of the Ohio Revised Code.
While the money in question has never been recovered, there was no evidence in the criminal or internal investigation that Officer Bourne stole the money. As part of the plea agreement through Municipal Court, Officer Bourne is required to make restitution in the amount of $132.00 to the uncharged suspect.
Galion Police Chief Brian Saterfield said “there is no evidence that Officer Bourne stole the money in question. He has taken responsibility for mishandling the evidence and the City of Galion believes that the appropriate disciplinary action has been taken against Officer Bourne. Officer Bourne has been and we believe he will continue to be a good officer for the City of Galion and its citizens.”
Officer Bourne is scheduled to return to his normal work shift on September 27, 2013.”
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Amity cop seeks dismissal of shoplifting charges
In court papers filed by Sager, Oesterling, of Amity Township, asked a judge to dismiss the charges and to re-examine the previous decision by a district court judge, who ordered Oesterling to stand trial.
Senior Judge Kent Albright was scheduled to hold a hearing on the request on Tuesday but Oesterling, a 12-year veteran corporal of the police force who was fired by Amity Township supervisors last week, left the courthouse without a resolution when the hearing was postponed.
Oesterling potentially faces two to four years in prison if convicted of the charges. He was charged by West Pottsgrove police in July in connection with two alleged incidents of retail theft and initially was suspended from the Amity police force without pay. However, last week, the township supervisors unanimously voted to fire him.
With the charges, authorities alleged Oesterling walked out of the Upland Square Giant on both June 12 and June 18 without paying for merchandise he placed into blue, reusable shopping bags in the shopping cart he was pushing.
According to a criminal complaint, a loss prevention officer with Giant observed a man leave the store on June 12 without paying for six items worth $38.04 in the reusable bags.
The loss prevention officer used store surveillance footage to confirm what the items were and that the man bypassed all points of sale, according to the criminal complaint. In the footage, the suspect was observed pushing a shopping cart with a child’s car attachment on the front and three small children riding on the cart in different positions, according to court papers.
Following that incident, the loss prevention officer printed photos of the man and “placed them in the office for review by other loss prevention officers,” according to the criminal complaint filed by West Pottsgrove Police Officer Joseph Ray Buchert.
Almost a week later, on June 18, another loss prevention officer observed a man, matching the description of the person captured in the June 12 photos enter the store. The man was pushing a cart with the same three children in the same type of cart with blue reusable grocery bags, court papers alleged.
The loss prevention officer followed the man, later identified as Oesterling, around the store as he allegedly placed items into the reusable bags.
After moving toward the service desk, “the defendant then bypassed all points of sale and then exited the store,” the loss prevention officer told police, according to authorities.
The loss prevention officer stopped Oesterling in the store vestibule, where “the defendant then identified himself as a ‘cop,’” according to the complaint.
West Pottsgrove Police responded and the loss prevention officer alleged there were 53 store items totaling $296.35 in Oesterling’s possession.
Galion suspends police officer
GALION — The Galion Police Department has
suspended Officer John Bourne for 80 hours for negligently handling evidence in
a case Aug. 4, according to police Chief Brian C. Saterfield.
Bourne will receive 40 hours of unpaid suspension and he will have 40 hours
of his vacation time bank removed as part of the suspension.
Bourne last week pleaded guilty to dereliction of duty, a fourth-degree
misdemeanor, in Crawford County Municipal Court.
The charge reads in part that Bourne “did negligently fail to perform a
lawful duty in a criminal case or proceeding” between Aug. 4 and Aug. 6. He
received a suspended 30-day jail sentence, was placed on non-reporting
probation and ordered to pay court costs.
Bourne was accused of stealing money from a resident during an arrest, and
has been on paid administrative leave since Aug. 14. He is scheduled to return
to his normal work shift Friday.
On Aug. 4, Bourne and his partner, Officer Andrew Knee, went to a residence
in the 300 block of Grove Avenue looking for a man wanted on a warrant. They
contacted a 42-year-old man who was acting suspiciously, according to the
police report.
When Bourne approached the man, he became “fidgety,” ran inside and
admitted flushing an eighth of an ounce of marijuana down the toilet, police
said.
Bourne arrested the man on charges of tampering with evidence and
obstructing official business and seized $731 from him.
The next day, the Crawford County Prosecutor’s Office said it would not be
charging the man and advised police to release him and return his property.
Only $599 was in the evidence envelope.
Florida Cop Kills Man By Running Him Over With His Car, Will Not Be Charged
BY NICOLE FLATOW ON SEPTEMBER 24, 2013 AT 12:02 PM
New video released by the family of a man killed by police in DeLand, Fla., shows how an officer ran him over with his car as he ran through a vegetable garden. The family is calling for an independent investigation by state and federal agencies, after a grand jury decision last week not to file criminal charges against officer James Harris.
Watch it:
An internal police investigation found that Harris violated the Department’s chase policy, and he was fired. But the grand jury found there was not enough evidence to criminally prosecute Harris for vehicular homicide. Brown’s family points out that the jury had not seen video of the incident, and questions the testimony of the medical examiner, Shiping Bao, who was fired after his testimony in Trayvon Martin’s case. Bao said the car didn’t strike Brown and that Brown had no broken bones, but that he was pinned underneath the car and suffocated.
“This was an execution in a vegetable garden,” the Brown family attorney, Benjamin Crump, said upon release of the video. “The officer came at Marlon with such velocity that … he could not have stopped.” Crump was also the attorney for Trayvon Martin’s family.
Prosecutors chose to bring the case before a grand jury, which decides in secret whether an individual should be charged. But that was not their only option. Prosecutors could have also made their own unilateral decision, or used a coroner’s inquest — a public hearing at which evidence is presented without the shroud of a grand jury proceeding.
A grand jury, like other juries, is comprised of community members, who could have been biased if they had known that Brown had a criminal history. (Brown is being described in some news coverage as a “known felon.”) Under the rules of evidence applicable to a trial, the prior convictions of a defendant or a victim are typically not admissible to prove a person’s character because of this potential for bias, although they may be admissible to prove other elements of the case. Grand juries, however, are subject to relaxed rules of evidence, and there is no mechanism for enforcing those rules, as no judge or defense attorney is present to object. George R. “Bob” Dekle, a former prosecutor who leads the University of Florida law school’s criminal prosecution clinic, told ThinkProgress he likely would not have considered Brown’s prior convictions relevant and would not have submitted them to a grand jury. He acknowledged, however, that grand jurors frequently ask the prosecutor about prior convictions. He would tell them it is not relevant but would offer to provide the information if they insist on knowing it, in order to “maintain a working relationship with the grand jury.”
Dekle also told the Daytona Beach News-Journal that a prosecution for vehicular homicide would be “iffy” and that the use of a grand jury would give a prosecutor an indication of how a jury was likely to decide. Others interviewed by the newspaper said prosecutors should have used a coroner’s inquest instead, to ensure public accountability.
The city has already paid Brown’s family $550,000 in exchange for their agreement not to further pursue civil litigation.
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East Haven cops’ trial begins
HARTFORD >> Prosecutors on Monday said the government’s civil rights case against one-time East Haven Police Officers David Cari and Dennis Spaulding will show the two worked under the cover of law so they could break it.
The officer’s defense team argued the government is not telling the whole story.
Monday featured opening statements in U.S. District Court and testimony from a nun who acted as a legal adviser to a priest arrested in February 2009 after he videotaped the officers’ visit to a Latino-owned convenience store.
Tuesday will feature testimony from a fellow East Haven officer, a superior who worked above them.
But first Cari and Spaulding watched prosecutor Krishna Patel tell the jury about a “case about the use and abuse of police power” in her opening statement.
Alex V. Hernandez, Cari’s attorney, told jurors in his statement about the government’s “failure to tell them of important information” and that “you will hear no evidence he (Cari) profiled, no evidence of him (Cari) being violent to anyone and no connection between him (Cari) and his fellow officers to engage in a conspiracy.”
Hernandez also claimed prosecutors reached a deal with the Latino owners of the store in order for them to testify, but told jurors he would not elaborate until later in the trial.
Cari, now retired, and Spaulding are two of four East Haven police officers indicted in January 2012 following a U.S. Department of Justice probe into racial profiling allegations. They are charged with conspiracy against civil rights, deprivation of rights for making arrests without probable cause and destruction of records during a federal investigation.
Spaulding, who is suspended from the force, also faces charges of unreasonable force by a police officer.
His attorney, Frank J. Riccio, said in his opening remarks that he agrees “no one is above the law, not a citizen, undocumented alien, residential alien or even a priest.
“The government claims it’s (the indictment) the gospel truth and I’m not here to solve the mystery but to determine what occurred.”
Patel told jurors that the charges revolve around three specific incidents. The first was the Nov. 21, 2008, arrest of Moises Marin, the owner of the La Bamba restaurant, who prosecutors claim was beaten and jailed by Spaulding after he took photos of Spaulding sitting in his cruiser in Marin’s parking lot.
The second incident occurred on Jan. 21, 2009. Prosecutors allege Spaulding and Officer Jason Zullo arrested Jose Luis Albarracin and two friends in the La Bamba parking lot under false pretenses. Spaulding is accused of filing a false arrest report. Zullo, named in the indictment, pleaded guilty last year to a single count of filing a false police report after his cruiser was involved in a collision with a motorcycle.
Zullo will not be sentenced until the trial of Spaulding and Cari is finished.
The third incident occurred at the Latino-owned My Country Store at 677 Main St. on Feb 19, 2009. Cari arrested Rev. James Manship, pastor of St. Rose of Lima Church in New Haven, after Manship began videotaping Cari and Spaulding directing store employees to remove license plates attached to the wall.
Licensed immigration attorney Sister Mary Ellen Burns described at-length Monday her legal resume and her ties to Manship and the church. She acknowledged parishioners in the predominately Latino church had complained to Manship about the police in East Haven. Burns said she joined Manship in at least two meetings prior to his arrest where they spoke with Latinos and determined that one way to prove police harassment was to start filming.
From there, Hernandez questioned her about whether she thought communication was important to her job. She agreed, “not just religiously but in everyday lives,” she pointed out, and from there he led her to disclose that East Haven police officers were never invited to the two meetings.
Burns told Hernandez she warned Manship about interfering with police business but Hernandez then repeatedly questioned the extent of her criminal law background.
More questioning led to an event not mentioned in the indictment.
Days before the My Country Store incident, Manship reportedly filmed Spaulding conducting a traffic stop. Spaulding’s report indicates Manship was standing between 5 and 10 feet away from his police cruiser. He told Manship several times to back away from his police cruiser, warning him about interfering.
“Are you familiar with state statutes on stalking,” Hernandez asked Burns, to which she replied positively.
Another round of questioning dealt with Manship’s handheld 3-inch long camera, which Cari in his report claimed Manship was concealing. Hernandez had Burns answer questions about Manship’s height and the size of his hands. She estimated he stands at least 6-feet, 5-inches tall.
“Yes, I imagine his hands are proportionate size to his body,” she acknowledged.
In the video Cari can be heard asking Manship why he is filming.
Prosecutors later pointed out that the evidence bag holding the camera, which was in police possession for several weeks, did not list the times it was removed and inspected.
A second witness who oversees the software used by the East Haven Police Department also testified Monday. Timothy Murray, of East Haven-based NexGen Public Safety Solutions, said his company specializes in providing software for fire and police departments. As chief technology officer has can view whatever appears on department computer screens.
Murray confirmed to prosecutor Richard J. Schechter that printed copies of in-cruiser computer correspondence between Zullo and Spaulding were accurate. The messages, archived since February 2009, show car-to-car chats. One message from Spaulding, posted more than a week after the My Country Store incident, shows he told Zullo “we are cops, we provoke, that’s our job, not to sit on our heels.”
Hernandez pointed out there was no evidence the message referred to the incident.
Monday’s trial saw several supporters and family members of Cari and Spaulding attend, including East Haven Police Detective Robert Ranfone. In an unrelated case, Ranfone was named in a lengthy internal affairs probe stemming from a January traffic stop in New Haven. Ranfone is currently awaiting a disciplinary hearing regarding the matter.
The trial will continue Tuesday at 9:30 a.m.
Murray will return to complete his testimony and several new witnesses will appear, including East Haven Police Capt. Joseph Slane and Sgt. George Kammerer.
Marin, the man prosecutors allege was beaten by Spaulding, will also testify.
The fourth officer arrested, Sgt. John Miller, pleaded guilty to lesser charges and will testify at a later date.
MPD officer charged with DUI back on the job, reports to jail on weekends
Thomas Ray was arrested in Fayette County in September 2012. He
was accused of driving an ATV, getting into an accident leaving the scene, and
having a handgun while intoxicated.
According to documents from Fayette County Circuit Court, on
August 30, 2013, Ray entered a plea arrangement in which some counts were dismissed
and for others, he got probation.
A felony vehicular assault indictment was pleaded down to
misdemeanor reckless driving, for which he was not eligible for diversion. He
was sentenced to 30 days in jail. It is time he will serve over the course of 15
weekends.
So far, he completed three weekends.
Ray reports to the Fayette County Jail on Friday and leaves on
Sunday. During the week, he reports to his day job as a police officer with
Memphis Police Department.
MPD says Ray is on non-enforcement status -- desk duty. He will
not be professionally disciplined until after an administrative hearing, which
thus far has not happened in this case.
Officer charged with stealing gas retires
A
Pawtucket police officer charged with stealing gas from the city has retired,
the NBC 10 I-Team reported.Ken Provost was on the job for more than 30 years
before he was arrested and charged by state police this summer.He told NBC 10
he put in his retirement papers on Friday.State police said he was caught on
tape pumping city gas into a personal car and gas can. He's free on personal
recognizance and due in court Wednesday
This Week's Charge of Child Molestation by your Local Police: Dothan police officer charged with sex act with st...
This Week's Charge of Child Molestation by your Local Police: Dothan police officer charged with sex act with st...: A Dothan police officer who worked as a school resource officer has been charged with engaging in a sex act with a student. Lanic...
Another HPD Officer Charged With Oppression
(HOUSTON)– A grand jury indicts a Houston police officer for official oppression.Officer Garret Lindsey is accused of kicking a man in the head while handcuffed to a bench. According to court documents, the incident happened in January.
Fairfax County Supervisor John W. Foust: Supervisor Faust takes fearless stand from under ...
Fairfax County Supervisor John W. Foust: Supervisor Faust takes fearless stand from under ...: "Let me say this" Faust said in a press release "I am not hiding under my desk to avoid speaking out on the killing of a...
Todays sexual assault charges against your police: Edmonds cop sentenced to year in jail for having s...
Todays sexual assault charges against your police: Edmonds cop sentenced to year in jail for having s...: Edmonds police officer convicted of having sex with a woman he had detained in May 2012 was sentenced today to a year in jail. A Snoho...
This Week's Charge of Child Molestation by your Local Police: Detroit cop sentenced for sexually assaulting teen...
This Week's Charge of Child Molestation by your Local Police: Detroit cop sentenced for sexually assaulting teen...: Pontiac — An ex-Detroit police officer was sentenced Monday to 10 to 15 years in prison for sexually assaulting young victims met through...
Clay County Sheriff Pleads Guilty to Federal Wiretapping Charge
| U.S. Attorney’s Office September 17, 2013 |
CHARLESTON, WV—Clay County Sheriff Miles J. Slack pleaded guilty today to illegal wiretapping, a federal felony, U.S. Attorney Booth Goodwin announced. Appearing today in federal district court, Mr. Slack, who resigned as sheriff last Friday as part of his plea agreement with Goodwin, admitted to surreptitiously installing a keystroke logger on a computer belonging to the Supreme Court of Appeals of West Virginia.
The compromised computer was a government computer assigned to Mr. Slack’s then-wife, Lisa Slack, who works in the office of a Clay County magistrate. Computers in the offices of circuit judges and magistrates throughout West Virginia are owned and maintained by the state’s Supreme Court and are connected to a central Supreme Court computer network.
Mr. and Ms. Slack were in the midst of a divorce when he illegally tapped her computer. Mr. Slack admitted that he intended to monitor his ex-wife’s activity on the computer, including messages she sent through Internet chat and e-mail programs. He said he also wanted to capture his ex-wife’s usernames and passwords for various Internet services. Mr. Slack acknowledged that the wiretap device he installed captured everything that was typed on his ex-wife’s computer, including information about court business and the personal information of defendants in Clay County magistrate court.
Mr. Slack installed the hidden device in late April of this year, and it remained in place for over two weeks.
“It’s a shame that Clay County’s chief law enforcement officer chose to illegally tap a government computer,” said U.S. Attorney Goodwin. “Our elected officials and law enforcement officers have to respect the law like everyone else. If they don’t, there are consequences.”
“These days, it seems like every detail of our lives is being bounced around the world on computer networks,” Goodwin continued. “Imagine learning that someone was secretly monitoring everything you did on your own computer, without any legal authority. It’s a very serious breach of privacy. That’s why the laws against wiretapping are so important.”
Keystroke logging devices can be purchased from a number of Internet-based sellers. The devices, usually one to two inches long, are attached to a computer’s keyboard cable. Once installed, they can intercept everything typed on the keyboard, including e-mail and information transmitted to Internet sites.
Because the devices are unobtrusive and normally hidden behind the computer targeted for surveillance, they can go undetected for long periods of time. Though small in size, some keystroke loggers can store two gigabytes of information, enough to record more than a billion keystrokes.
Slack served as a Clay County deputy sheriff for around 16 years. In early 2012, while acting as chief deputy for the Clay County Sheriff’s Department, Slack announced he was running for sheriff. Then-Sheriff Randy Holcomb, however, quickly demoted Slack to the rank of sergeant, a move that threatened Slack’s election bid. Under West Virginia civil service laws, deputy sheriffs other than the chief deputy may not run for public office. In order to remain in the race, Slack resigned from the department and became Chief of Police for Clay, West Virginia, the county seat of Clay County.
In the May 2012 primary election, Slack soundly defeated two other candidates for the Democratic nomination for sheriff, receiving nearly 78 percent of the vote. He ran unopposed in the November 2012 general election and took office January 1, 2013. Slack’s first projects as sheriff included expanding evening patrols and seeking funding for a new home confinement officer.
The case is being investigated by the Federal Bureau of Investigation and the West Virginia State Police, with assistance from the Supreme Court of Appeals of West Virginia. The prosecution is being led by Counsel to the United States Attorney Steven Ruby.
Slack faces up to five years in prison when he is sentenced on December 19, 2013, by United States District Judge John T. Copenhaver, Jr.
The compromised computer was a government computer assigned to Mr. Slack’s then-wife, Lisa Slack, who works in the office of a Clay County magistrate. Computers in the offices of circuit judges and magistrates throughout West Virginia are owned and maintained by the state’s Supreme Court and are connected to a central Supreme Court computer network.
Mr. and Ms. Slack were in the midst of a divorce when he illegally tapped her computer. Mr. Slack admitted that he intended to monitor his ex-wife’s activity on the computer, including messages she sent through Internet chat and e-mail programs. He said he also wanted to capture his ex-wife’s usernames and passwords for various Internet services. Mr. Slack acknowledged that the wiretap device he installed captured everything that was typed on his ex-wife’s computer, including information about court business and the personal information of defendants in Clay County magistrate court.
Mr. Slack installed the hidden device in late April of this year, and it remained in place for over two weeks.
“It’s a shame that Clay County’s chief law enforcement officer chose to illegally tap a government computer,” said U.S. Attorney Goodwin. “Our elected officials and law enforcement officers have to respect the law like everyone else. If they don’t, there are consequences.”
“These days, it seems like every detail of our lives is being bounced around the world on computer networks,” Goodwin continued. “Imagine learning that someone was secretly monitoring everything you did on your own computer, without any legal authority. It’s a very serious breach of privacy. That’s why the laws against wiretapping are so important.”
Keystroke logging devices can be purchased from a number of Internet-based sellers. The devices, usually one to two inches long, are attached to a computer’s keyboard cable. Once installed, they can intercept everything typed on the keyboard, including e-mail and information transmitted to Internet sites.
Because the devices are unobtrusive and normally hidden behind the computer targeted for surveillance, they can go undetected for long periods of time. Though small in size, some keystroke loggers can store two gigabytes of information, enough to record more than a billion keystrokes.
Slack served as a Clay County deputy sheriff for around 16 years. In early 2012, while acting as chief deputy for the Clay County Sheriff’s Department, Slack announced he was running for sheriff. Then-Sheriff Randy Holcomb, however, quickly demoted Slack to the rank of sergeant, a move that threatened Slack’s election bid. Under West Virginia civil service laws, deputy sheriffs other than the chief deputy may not run for public office. In order to remain in the race, Slack resigned from the department and became Chief of Police for Clay, West Virginia, the county seat of Clay County.
In the May 2012 primary election, Slack soundly defeated two other candidates for the Democratic nomination for sheriff, receiving nearly 78 percent of the vote. He ran unopposed in the November 2012 general election and took office January 1, 2013. Slack’s first projects as sheriff included expanding evening patrols and seeking funding for a new home confinement officer.
The case is being investigated by the Federal Bureau of Investigation and the West Virginia State Police, with assistance from the Supreme Court of Appeals of West Virginia. The prosecution is being led by Counsel to the United States Attorney Steven Ruby.
Slack faces up to five years in prison when he is sentenced on December 19, 2013, by United States District Judge John T. Copenhaver, Jr.
Former CCPD Officer Charged in Police Shooting
SELMA, TX - A former Corpus Christi police officer is facing charges for shooting two police officers outside San Antonio.
Authorities confirmed Jesse Hernandez Jr. used to work for CCPD. He was terminated about five years ago for misconduct.
Late Thursday night, police in Selma say he opened fire on two of their officers who were responding to a domestic disturbance call at a home where Hernandez was staying with his wife and kids. One of the officers fired back, hitting Hernandez twice. He was taken to the hospital and is now in Bexar county jail facing charges for aggravated assault on a public servant.
Both officers are expected to be okay.
In 2007, Hernandez was placed on administrative leave after shooting two suspects who rammed his patrol car.
Authorities confirmed Jesse Hernandez Jr. used to work for CCPD. He was terminated about five years ago for misconduct.
Late Thursday night, police in Selma say he opened fire on two of their officers who were responding to a domestic disturbance call at a home where Hernandez was staying with his wife and kids. One of the officers fired back, hitting Hernandez twice. He was taken to the hospital and is now in Bexar county jail facing charges for aggravated assault on a public servant.
Both officers are expected to be okay.
In 2007, Hernandez was placed on administrative leave after shooting two suspects who rammed his patrol car.
police officer returning to work after plea of guilty
GALION — A veteran Galion police officer will return to work later this week after pleading guilty to dereliction of duty.
John Bourne, who has been on the force for seven years, pleaded guilty Thursday in Crawford County Municipal Court. He received a suspended 30-day jail sentence, was placed on non-reporting probation and ordered to pay court costs.
He pleaded guilty as charged to a fourth-degree misdemeanor.
Bourne was accused of stealing money from a resident during an arrest. He has been on paid administrative leave since Aug. 14.
On Aug. 4, Bourne and his partner, Officer Andrew Knee, went to a residence in the 300 block of Grove looking for a man wanted on a warrant. They contacted a 42-year-old man who was acting suspiciously, according to the police report.
When Bourne approached the man, he became “fidgety,” ran inside and admitted flushing an eighth of an ounce of marijuana down the toilet, police said.
Bourne arrested the man on charges of tampering with evidence and obstructing official business and seized more than $700 from him.
The next day, the Crawford County Prosecutor’s Office said it would not be charging the man and advised police to release him and return his property.
“(The prosecutor’s office) said the officer didn’t have reason to go into the house,” Galion police Chief Brian Saterfield previously told the News Journal.
The man was released Aug. 5, but didn’t get his property back until Aug. 13. He alleged that not all of his money had been returned and that he believed Bourne stole it.
While the man never made a formal, written complaint, Bourne was placed on paid leave.
Saterfield said Bourne probably would return to work Friday.
“It’s pretty much resolved,” the chief said.
Saterfield said he had no qualms about Bourne coming back to work. He declined further comment.
Bucyrus Law Director Robert Ratliff said he did not know if Bourne took any money and explained the charge.
“It’s essentially a negligent charge,” Ratliff said. “This seemed like the proper resolution.”
John Bourne, who has been on the force for seven years, pleaded guilty Thursday in Crawford County Municipal Court. He received a suspended 30-day jail sentence, was placed on non-reporting probation and ordered to pay court costs.
He pleaded guilty as charged to a fourth-degree misdemeanor.
Bourne was accused of stealing money from a resident during an arrest. He has been on paid administrative leave since Aug. 14.
On Aug. 4, Bourne and his partner, Officer Andrew Knee, went to a residence in the 300 block of Grove looking for a man wanted on a warrant. They contacted a 42-year-old man who was acting suspiciously, according to the police report.
When Bourne approached the man, he became “fidgety,” ran inside and admitted flushing an eighth of an ounce of marijuana down the toilet, police said.
Bourne arrested the man on charges of tampering with evidence and obstructing official business and seized more than $700 from him.
The next day, the Crawford County Prosecutor’s Office said it would not be charging the man and advised police to release him and return his property.
“(The prosecutor’s office) said the officer didn’t have reason to go into the house,” Galion police Chief Brian Saterfield previously told the News Journal.
The man was released Aug. 5, but didn’t get his property back until Aug. 13. He alleged that not all of his money had been returned and that he believed Bourne stole it.
While the man never made a formal, written complaint, Bourne was placed on paid leave.
Saterfield said Bourne probably would return to work Friday.
“It’s pretty much resolved,” the chief said.
Saterfield said he had no qualms about Bourne coming back to work. He declined further comment.
Bucyrus Law Director Robert Ratliff said he did not know if Bourne took any money and explained the charge.
“It’s essentially a negligent charge,” Ratliff said. “This seemed like the proper resolution.”
The Madison Police Department has suspended an officer couple
MADISON (AP) — The Madison Police Department has suspended an officer couple after a shooting incident involving alcohol at their home in rural Columbia County.
Investigators said Friday that Officers Gary and Emily House, who are married, were socializing with acquaintances Jan. 3. During the evening, their guns were fired from the backyard toward an unpopulated area.
Investigators believe no one was in danger, but Columbia County sheriff's deputies called to the scene determined that Cary House fired a gun under the influence. He was arrested on suspicion of intoxicated use of a firearm. He pleaded no contest to disorderly conduct and paid a $200 fine.
Internal affairs investigators found that Emily House had likely driven a vehicle while intoxicated the same evening. She was not charged but received a reprimand.
The investigation summary said Cary House was suspended without pay for 30 days, with 10 days held in abeyance for one year, for violating department policies involving firearms safety, unlawful conduct and the care and use of city-owned property.
Emily House was suspended for nine days without pay, with three days held in abeyance, for violating department policies involving unlawful conduct and firearms safety. Police said she handled but didn't fire a gun in the incident.
The investigation summary noted that Cary House was hired by the police department in 2008 and had four commendations on his record, while Emily House was hired in 2007 and had received 13 commendations.
Investigators said Friday that Officers Gary and Emily House, who are married, were socializing with acquaintances Jan. 3. During the evening, their guns were fired from the backyard toward an unpopulated area.
Investigators believe no one was in danger, but Columbia County sheriff's deputies called to the scene determined that Cary House fired a gun under the influence. He was arrested on suspicion of intoxicated use of a firearm. He pleaded no contest to disorderly conduct and paid a $200 fine.
Internal affairs investigators found that Emily House had likely driven a vehicle while intoxicated the same evening. She was not charged but received a reprimand.
The investigation summary said Cary House was suspended without pay for 30 days, with 10 days held in abeyance for one year, for violating department policies involving firearms safety, unlawful conduct and the care and use of city-owned property.
Emily House was suspended for nine days without pay, with three days held in abeyance, for violating department policies involving unlawful conduct and firearms safety. Police said she handled but didn't fire a gun in the incident.
The investigation summary noted that Cary House was hired by the police department in 2008 and had four commendations on his record, while Emily House was hired in 2007 and had received 13 commendations.
Officer Suspended Criminal Investigation
LAKELAND | Another Lakeland police officer is under criminal investigation, although the department won't confirm what the case involves, Assistant Police Chief Larry Giddens said Monday.
A source, who asked not to be named, told The Ledger the allegations are of a sexual nature and happened while on duty.
The subject of the investigation, Julio Pagan, 31, was suspended with pay Friday night, Giddens said. The seriousness of the allegations facing Pagan caused Chief Lisa Womack to cancel her vacation plans.
"This is an active administrative and criminal investigation that is ongoing," Giddens said. "We will not be releasing any information about this case until the conclusion of the investigation."
Pagan, formerly of the Bartow Police Department, was hired by LPD in 2011 and is paid $43,789, according to LPD records. He did not return a call for comment Monday.
Pagan worked as a Bartow police officer from 2006 to 2011, when he left on good terms to take the job at LPD, according to Bartow's records.
LPD Detective Nick Marolda, who also is the president of the West Central Florida Police Benevolent Association, said he is aware of the investigation and said the union is waiting to hear the outcome of the criminal investigation before taking any steps to represent Pagan.
Following department policy, the criminal investigation into Pagan will be conducted before the administrative investigation begins.
The allegations are not part of the ongoing sexual misconduct scandal that has plagued the department for months, Giddens said. "This is a separate incident."Pagan's case comes as the department wraps up its monthslong investigation into sexual misconduct on and off duty by numerous officers and city employees. This new case also comes after numerous reforms in policy and procedure were put into place by Womack, who emphasized officer ethics at a recent presentation to the Lakeland Police Advisory Commission.
The advisory board is compiling its final report to present to the City Commission next month. The commission, which is made up of volunteers, was created by Lakeland Mayor Gow Fields and is tasked with reviewing a multitude of problems at LPD, including the large sexual-misconduct case involving numerous employees, and recommending reforms.
Officer with Alvarado Police Department Admits Leaking Law Enforcement Sensitive Information in Anabolic Steroid Investigation
| U.S. Attorney’s Office September 17, 2013 |
DALLAS—Brent Dickey, 42, an officer with the Alvarado, Texas Police Department, appeared in federal court today and pleaded guilty to an Information charging one count of misprision of a felony. He faces a maximum statutory penalty of three years in federal prison and a $250,000 fine. Dickey, a resident of Burleson, Texas, will remain on bond pending sentencing, which is set for January 8, 2014, before U.S. District Judge Ed Kinkeade. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.
According to documents filed in the case, in February 2010, Dickey was assigned to the Stop The Offender Program-Special Crimes Unit (STOP-SCU), a Johnson County law enforcement task force that investigated drug crimes occurring in the county. Dickey knew that a particular individual, Person A, was unlawfully distributing anabolic steroids, and he failed to make this felony known to some judge or other person in civil or military authority under the United States, such as a federal grand jury or an FBI agent.
On February 5, 2010, another STOP-SCU task force officer received information that Person A was unlawfully distributing anabolic steroids. This task force officer told Dickey that he planned to make a case against, and arrest, Person A. Unbeknownst to this task force officer, Person A had been supplying Dickey with anabolic steroids.
Two days later, Dickey went to Person A’s home and leaked this law enforcement sensitive information to Person A so that Person A would avoid getting caught, arrested or prosecuted, for this felony drug offense.
The FBI and the Texas Ranger Division of the Texas Department of Public Safety are investigating. Deputy Criminal Chief Assistant U.S. Attorney Gary Tromblay and Assistant U.S. Attorney J. Mark Penley are in charge of the prosecution.
According to documents filed in the case, in February 2010, Dickey was assigned to the Stop The Offender Program-Special Crimes Unit (STOP-SCU), a Johnson County law enforcement task force that investigated drug crimes occurring in the county. Dickey knew that a particular individual, Person A, was unlawfully distributing anabolic steroids, and he failed to make this felony known to some judge or other person in civil or military authority under the United States, such as a federal grand jury or an FBI agent.
On February 5, 2010, another STOP-SCU task force officer received information that Person A was unlawfully distributing anabolic steroids. This task force officer told Dickey that he planned to make a case against, and arrest, Person A. Unbeknownst to this task force officer, Person A had been supplying Dickey with anabolic steroids.
Two days later, Dickey went to Person A’s home and leaked this law enforcement sensitive information to Person A so that Person A would avoid getting caught, arrested or prosecuted, for this felony drug offense.
The FBI and the Texas Ranger Division of the Texas Department of Public Safety are investigating. Deputy Criminal Chief Assistant U.S. Attorney Gary Tromblay and Assistant U.S. Attorney J. Mark Penley are in charge of the prosecution.
Tarpon Springs cop resigns, accused of having affair with felon
Tarpon Springs cop resigns, accused of having affair with
felon
TARPON SPRINGS — A Tarpon police detective resigned last
month before the conclusion of an internal affairs investigation that found he
was having an affair with a convicted felon and often traveled to her mobile
home while on duty to have sex with her, officials announced Wednesday.
According to internal affairs documents, Detective John
Loibl maintained a relationship with Nickole Carter, 31, and visited her up to
several times a week during his shift. Loibl also drove Carter, on probation
for drug charges, to probation office appointments in his unmarked police car.
Loibl, 49, was married at the time.
Carter told investigators she met Loibl the summer of 2011
at Busch Gardens while they both waited in line for an amusement ride. They
stayed in touch, became friends and eventually began an affair.
When Carter moved from Tampa to Tarpon Springs in October
2012, Loibl helped her find a job at a Subway restaurant and arranged for her
to stay at the Hillside Mobile Home Park on U.S. 19. Loibl drove to her home,
both in Tampa and later in Tarpon Springs, in his police car during his shift
to have sex with her while her children were at school, records show. She told
her probation officer she was Loibl's "mistress."
"I think he's a great man. I didn't ever feel forced to
do anything," she told investigators. "It was just good to have
somebody to actually treat me and my kids good, like nobody ever has."
Loibl took Carter and her three children out to dinner. He
bought hamsters for the children, ages 7, 9 and 11, and gave Carter cash to
help her with rent and her electric bill, she told investigators.
On July 26, Loibl texted his supervisor: "I don't feel
well. My stomach is a mess. … I'm going to go ahead and call out." That
same day, Loibl drove Carter in his police car to Perry — a 342-mile round
trip. He fueled his police car with gas from a city pump, records show.
Three days later, the Tarpon Springs Probation and Parole
Office told police that Loibl might be involved with Carter. Loibl had driven
her to the office for a monthly meeting with her probation officer, who
recognized him, police said.
Police Chief Robert P. Kochen ordered an internal affairs
investigation. On July 30, Loibl was placed on administrative leave with pay.
On Aug. 13, he resigned. He was uncooperative with investigators
and didn't show up for his internal affairs interview, police spokesman Capt.
Jeffrey Young said.
Had he remained at the department, Loibl would have been
terminated, Kochen said.
The chief called Loibl's behavior "disgraceful,"
adding that "no agency is immune from certain people doing things like
this."
Loibl was hired by the department in September 2005. In
2006, Loibl received additional training after investigators found he had
improperly documented evidence. In 2007, he was spoken to twice for tardiness,
Young said.
In December 2010, Carter was sentenced to 18 months
probation in Hillsborough County on a controlled substance possession charge.
Earlier this year, she violated her probation by traveling from Pinellas to
Hillsborough, where she was arrested for marijuana possession, police said.
State records show Carter was also convicted of DUI property
damage in November 2010. She was sentenced to one year of probation, and her
driver's license was suspended for six months.
Loibl and Carter could not be reached for comment Wednesday.
Because Loibl had not completed 10 years at the department,
he will not receive pension benefits, Young said.
'Dirty DUI' Cop Convicted of Extortion and Honest Services Fraud
Stephen Tanabe, a former deputy with the Contra Costa County
Sheriff’s Office, has been convicted of two counts of extortion under color of
official right, three counts of wire fraud on a deprivation of honest services theory,
and one count of conspiracy to commit honest services fraud.
According to evidence presented at trial, Tanabe conspired
to and engaged in a scheme to take bribes in exchange for his services as a
deputy sheriff, thereby depriving the people of Contra Costa County of their
right to his honest services.
Specifically, the evidence showed that Christopher Butler, a
former Antioch Police Officer turned private investigator, was hired by wives
and ex-wives engaged in divorce and child custody proceedings to arrange
“stings” against their spouses, whom they told Butler had a propensity to drive
under the influence of alcohol.
Butler used “decoys” to entice the sting targets to bars in
downtown Danville, where Tanabe was assigned to patrol, and encourage them to
drink.
For one sting, Tanabe joined Butler in a bar while off-duty,
watching two attractive young women working for Butler drink with a sting
target. Evidence showed that, in exchange for a promise of cocaine, Tanabe
notified an on-duty deputy that the sting target was about to drive away,
having been lured by the prospect out of a hot tub with the two women.
For two other stings, the evidence showed that Tanabe, then
on-duty, waited outside the Vine Bar in Danville and then arrested the targets
in exchange for a Glock handgun.
“This conviction confirms that Stephen Tanabe did not serve
his community with honor or integrity but instead set up unsuspecting citizens
and abused the public trust,” said United States Attorney, Melinda Haag. “Law
enforcement officers are hard-working, honorable men and women who work
selflessly every day to keep us safe. Stephen Tanabe is the exception, and he
does not deserve the badge he was wearing.”
The maximum statutory penalties for honest services wire
fraud under 18 U.S.C. §§ 1343 and 1346, conspiracy to commit same under 18
U.S.C. § 1349, and extortion under color of official right under 18 U.S.C. §
1951, are 20 years’ imprisonment; $250,000 fine; and five years of supervised
release. However, any sentence following this conviction will be imposed by the
court after consideration of the U.S. Sentencing Guidelines and the federal
statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Butler entered into a cooperation plea agreement with the
government on May 7, 2012, and was sentenced on September 25, 2012, to 96
months in prison.
Tanabe, 50, was originally indicted on December 15, 2011.
The superseding information on which he was tried filed June 12, 2013.
Sentencing is scheduled for December 11, 2013, at 10:00 a.m., before U.S.
District Judge Charles R. Breyer.
This Week's Charge of Child Molestation by your Local Police: Former DFW Cop Sentenced For Child Porn
This Week's Charge of Child Molestation by your Local Police: Former DFW Cop Sentenced For Child Porn: FORT WORTH (AP) - A former North Texas police officer who pleaded guilty to child pornography charges has been sentenced to 15 years in...
This Week's Charge of Child Molestation by your Local Police: Racine officer arrested for sexual assault of a ch...
This Week's Charge of Child Molestation by your Local Police: Racine officer arrested for sexual assault of a ch...: RACINE - The Racine police officer accused of molesting a teenage girl resigned Tuesday, the same day his trial started. Read more Poli...
Wildwood cop who kicked handcuffed suspects to be resentenced
Wildwood
police Sgt. David Romeo, convicted of official misconduct for kicking two
handcuffed suspects, is scheduled to be resentenced Oct. 10.
The resentencing hearing was scheduled after an appellate
panel found that, while Romeo is not entitled to a new trial, the sentencing
judge should determine whether Romeo should face the mandatory minimum sentence,
five years, without the possibility of parole.
In March 2010, a jury found Romeo guilty of kicking car
burglary suspects Gilbert Haege and Louis McCullough as the two men were face
down on the ground and handcuffed.
Two months later, Superior Court Judge Raymond Batten
sentenced Romeo to five years in state prison. But Romeo wasn’t taken into
custody that day in May 2010 and instead was allowed to remain free on bail
while he appealed his conviction.
At that hearing, Batten said, “The defendant yet denies
culpability, yet displays no remorse.”
Batten sentenced Romeo to five years with the possibility of
parole after serving one year, over the protests of prosecutors who wanted no
parole option.
The recent state appellate rulings addressed both Romeo’s
request for a new trial and the state’s request that his sentence be revisited.
The appellate panel denied Romeo’s request for a new trial
but has said the sentencing judge should determine whether the state’s request
that Romeo face the mandatory minimum sentence without the possibility of
parole should be granted.
Romeo, who was taken into custody Sept. 12, is being held at
the Atlantic County jail without bail until his Oct. 10 hearing.
The official misconduct charge stems from a July 24, 2007,
incident in which Wildwood police officers were pursuing two men who reportedly
were breaking into cars parked near the Boardwalk.
Three other officers, Detectives Walter Cubernot and Edward
Ramsey and Patrolman Roger Lillo, were investigating the series of burglaries
and eventually arrested Haege and McCullough
In court, Cubernot testified about Haege’s demeanor at the
time.
“He was lying face down with his arms behind his back and
had handcuffs on,” Cubernot said. “He just laid there. The fight was over. He
gave up. I mean, he was done.”
Romeo, who had been promoted to sergeant in April 2007, came
to the scene from the police station and, according to Cubernot, Lillo and
Ramsey, kicked the two unarmed, handcuffed men.
At trial, Romeo testified that he saw a weapon — a
Leatherman multitool — on the ground.
“I saw the knife on the ground. It was a threat. I had to
get the knife,” Romeo said.
But the other officers testified the men were not a threat
and that no weapon was on the ground. Cubernot said he found the Leatherman in
one of the suspect’s pockets and placed it in evidence.
Ramsey said Romeo gave Haege “a sweeping kick … in the
face.”
The officers said Romeo acted intentionally and that they
were stunned and shocked by what they saw.
During the trial, then-Assistant Prosecutor Matthew
Weintraub placed a handcuffed foam mannequin on the floor and had Ramsey kick
it to demonstrate to the jury what happened. Jurors took notes, some getting
out of their seats to watch as Ramsey played the part of Romeo.
The appellate court found no basis for a new trial, noting
it found no evidence of prosecutorial misconduct and agreed that the court
acted properly when it allowed the jury to hear evidence of prior bad acts by
Romeo.
There was no evidence that the jury was not properly
instructed, the appeals court found.
“We affirm the defendant’s conviction but remand for
resentencing consistent with this opinion,” the decision reads.
Romeo joined the Wildwood Police Department in 1994. His
last day with the department was May 21, 2010.