MANSFIELD — Maurice King III is not going away.
The former Bellville police officer, sentenced in 2008 to 22 months in prison, was picketing on the downtown square Tuesday afternoon. King was convicted of seven counts, including four felonies, for trying to buy reportedly stolen guns from two felons acting as informants.
King has steadfastly maintained his innocence. He said the informants, who were key witnesses in his trial, were told what to say.
King wore a green sweatshirt with the words: “I am innocent. They lied.”His primary target was Richland County Sheriff’s Capt. Eric Bosko, the lead investigator in the case. King carried a sign with Bosko’s picture on one side with the word “liar” in boldface. The sign called Bosko “a face of Richland County’s corruption.”
“I’m just sick of being quiet,” King said. “It’s coming up on six years. That’s long enough. They took everything from me.
“Eric is the specific target in my case, but I’m targeting corruption in Richland County. It’s got to stop. I’m doing this for the next victim. He (Bosko) is the true criminal, not me.”
Sheriff Steve Sheldon said he stands by Bosko and the case against King.
“In 2008, Capt. Bosko conducted an investigation concerning alleged activities by Maurice King III. That investigation led to six felony charges against King,” Sheldon said. “The case was prepared by the Richland County Prosecutor’s Office and tried in Richland County Common Pleas Court in front of a jury of his peers.
“He was convicted and sentenced to prison. Capt. Bosko is an outstanding investigator and person and a huge asset to the Richland County Sheriff’s Office. We stand by his investigation.”
Sheldon said King’s picketing did not warrant coverage.
“I am surprised the media finds the ramblings of a convicted felon newsworthy,” the sheriff said.
King said the case devastated him.
“My (law enforcement) career is pretty much over. I’ve got nothing to lose,” he said. “They hurt me. They hurt my family.
“They caused indescribable pain that can never be mended. I lost my grandmother while I was gone; she was like my mother. I still haven’t dealt with it.”
Throughout his case, King said he was offered various deals — but refused them all.
“I wasn’t going to admit to something I didn’t do,” he said. “I don’t have any credibility anymore, but I have my integrity.”
In 2011, King had two appeals of his case denied.
“The CIs (confidential informants) lied about me. The judge (James DeWeese) accepted the lies,” he said. “We appealed it.”
The Fifth District Court of Appeals said King “has not demonstrated that the court abused its discretion in dismissing his petition for post-conviction relief.”
King said he is not deterred.
“My family asked to come up with me, but I told them to lay low,” he said. “If nothing happens in the next few months, we’ll be back in full force.
“I’m fed up. I’m done.”
We called the Fairfax County police for help....the punks they sent threatened to arrest us. One cop tells my wife that if she keeps crying he'll arrest her and the other cop, La Forge or something, says to me "You call the police this what you get" I said that was wrong and he said "Go ahead, say more fuck'n thing prick" and I thought "Well if you insist".
cop sentenced in Pittsburgh abuse case
Pittsburgh Public Schools police officer will serve 32 to 64 years in prison for molesting four boys in the late 1990s.
Allegheny County Judge Donna Jo McDaniel called 44-year-old Robert Lellock a sexually violent predator and a danger to the community before imposing the lengthy sentence on Tuesday.
Lellock was found guilty in July for crimes that happened during the 1998-99 school year.
Prosecutors said Lellock pulled the boys from class at Arthur J. Rooney Middle School, took them into a janitor's closest and molested them.
Defense attorney Timothy Kidd said that Lellock will be appointed a public defender and will likely appeal his conviction
Allegheny County Judge Donna Jo McDaniel called 44-year-old Robert Lellock a sexually violent predator and a danger to the community before imposing the lengthy sentence on Tuesday.
Lellock was found guilty in July for crimes that happened during the 1998-99 school year.
Prosecutors said Lellock pulled the boys from class at Arthur J. Rooney Middle School, took them into a janitor's closest and molested them.
Defense attorney Timothy Kidd said that Lellock will be appointed a public defender and will likely appeal his conviction
Gary police officer again charged with assaulting girlfriend
GARY — For the second time this year, Patrolman Demonte Yanders is in jail, charged with multiple felonies, accused of assaulting his live-in girlfriend.
Yanders, who celebrates his 30th birthday Thursday, was on top of the woman and beating her when Patrolmen Nicholas Ferrell and Phillip Komisarcik entered the couple’s Woodlake Village apartment about 5:15 a.m. Sunday.
He is charged with two counts criminal confinement, strangulation and misdemeanor battery. He is at the Lake County Jail in Crown Point.
The victim, Tiffany Swagerty, 31, was “curled up on the bedroom floor crying” when one of her three children opened the apartment door for police. She had bruises on her cheeks and neck and a bite on her back, the probable cause affidavit states.
Early Sunday, at the conclusion of his birthday celebration at a Brunswick night club, Yanders argued with a man at the front door. Family members tried to get him to leave, and finally “pushed” him into the passenger’s seat of his car, with Swagerty behind the wheel. She told Detective Pete Baum that Yanders continued to argue with her and demanded she return to the club, but she refused. When they arrived home, he punched her face and she triggered a panic alarm, which summoned police to the apartment.
Officer Charged With Protecting Drug Trafficking
A Georgia law enforcement officer was arrested last week for allegedly offering to provide uniformed protection for the trafficking of methamphetamine.Pierce County Sheriff’s Deputy Randy Strickland was arrested by the Federal Bureau of Investigation (FBI) on federal charges on October 17, 2013. The U.S. Attorney’s Office accused Strickland of offering to act as security for individuals he believed were trafficking methamphetamine, the same drug Mexican cartels have increasingly pumped into the U.S. The cartels have increasingly sent their own Mexican national operatives to oversee and manage operations.The U.S. Attorney’s Office accused Strickland of providing security for methamphetamine shipments while in uniform and using his police vehicle.Another instance of a U.S. law enforcement officer using both his uniform and police vehicle to provide protection for narcotics smuggling surfaced in Texas earlier this year. In that case, a Houston area law enforcement officer took $2,000 to "protect" a massive shipment of cocaine.I contacted the U.S. Attorney's Office for Breitbart News at the time of that issue, but they refused to discuss the origins of such an unusually large amount of cocaine. The FBI also declined to comment on the origins of the shipment. However, Breitbart News obtained the official court documents in the case, which revealed that the shipment had originated in an unspecified foreign nation.The complaint against the Houston area law enforcement officer can be viewed below: - See more at: http://www.texasgopvote.com/issues/restore-families/us-police-officer-charged-protecting-drug-trafficking-005988#sthash.dHvswBBr.dpuf
9th biker arrested, punk cop in case won't testify
NEW YORK -- A ninth biker was arrested Monday night in Brooklyn in connection with the Alexian Lien assault.
Jason Brown, 40, is from Brooklyn.
He is charged with gang assault, assault and criminal mischief.
He is expected to be arraigned Tuesday.
Meantime, an undercover police detective arrested in a motorcyclist-SUV melee no longer plans to testify before a grand jury, his lawyer said Monday.
Attorney John Arlia initially indicated that Detective Wojciech Braszczok wanted to speak to the Manhattan grand jury that's considering indicting him. But Arlia said Monday he's advised Braszczok not to do so "because the evidence speaks for him."
"My client has complete confidence and faith this grand jury will determine that he in no way intended to injure, nor act in any way to injure" an SUV driver who was beaten by several other bikers, the attorney said. Video and other evidence will show Braszczok didn't come close to contact with the driver, Arlia said.
The Manhattan district attorney's office has said Braszczok nonetheless actively participated in the attack by shattering the SUV's back window and kicking its passenger side, and he has been charged with gang assault. The DA's office declined to comment Monday on his decision not to testify.
Many defendants ultimately choose not to testify before grand juries, for various reasons. It's not uncommon for defendants to give notice that they want to appear and then change their minds.
Braszczok was off-duty when he participated in a Sept. 29 motorcycle rally that took a violent turn. He's one of several riders who have since been arrested.
After the SUV driver bumped a bike that had slowed in front of it, motorcyclists surrounded and converged on the Range Rover SUV; its driver fled in fear for the loved ones riding with him and ran over a biker, and motorcyclists chased him, pulled him from the vehicle and attacked him, police and prosecutors say. The encounters were partly caught on a helmet-camera video posted online.
The SUV driver, Alexian Lien, hasn't been charged with any crime.
Braszczok did nothing to stop the assault or summon help, didn't report having been there to his superiors for a few days, and wasn't straightforward when he did, prosecutors said.
The detective was stripped of his gun and badge after internal affairs investigators discovered he saw at least part of the confrontation. He initially told authorities and his union that he didn't intervene in the attack partly because he works undercover.
Arlia has said that the window Braszczok is accused of breaking already had a sizeable hole in it. The detective didn't know other participants in the rally, which was organized online, and he pursued Lien only to prevent his flight after the SUV ran down and seriously injured motorcyclist Edwin Mieses Jr., Arlia said.
"The facts cannot be changed to lump him into an attack he was not a part of. We owe him and his family at least that much," Arlia said by phone Monday.
Braszczok (whose name is pronounced VOY'-chek BRAZH'-ahk) has been a police officer for a decade.
It's unclear when the grand jury might vote on whether to indict him.
A spokesman for Lien didn't immediately return a call Monday.
Quincy officer suspended for lying
QUINCY, Wash. (AP) — A Quincy police officer accused of lying about the reasons for pulling over a driver was suspended for 10 days.
Chief Greg Meinzer wanted to fire Officer David Andersen over the incident last November but agreed to the suspension.
Andersen denied lying. The Grant County prosecutor said there wasn't enough evidence for a charge of official misconduct.
Information about the suspension was obtained by the Wenatchee newspaper through a public records request.
Andersen said reasons for stopping the car including having the license obscured by a trailer hitch and a passenger not wearing a seat belt. Investigators said the license plate was not obstructed and tinted windows made it difficult to see a passenger
Suspended Wyoming officer in trouble again
WEST PITTSTON - The Wyoming Borough police officer suspended earlier this month for reportedly hosting underage drinking parties was hit with new charges Monday alleging he repeatedly had sex with a 14-year-old girl on his mother's bed.
Cody Lee Smith, 21, of Wyoming, is facing charges of involuntary deviate sexual intercourse, statutory sex assault, aggravated indecent assault and corruption of minors.
The charges are in addition to counts of corruption of minors and furnishing alcohol to a minor filed earlier this month alleging Smith hosted underage parties and had sex with a 16-year-old girl.
Smith declined to comment Monday following his arraignment.
According to a state police affidavit, Smith met the 14-year-old girl at the Luzerne County Fair in the summer of 2012. They began talking on Facebook, and between September 2012 and February 2013, they had sex at least 10 times, according to the charges.
In each case, Smith drove the girl to his mother's home in Wyoming and had sexual contact on a couch in the living room or on his mother's bed, the affidavit says.
Smith told the girl he works for a cellphone company and that he is in a gang, showing her a tattoo on his arm, police said. He also told the girl not to tell anyone about their relationship because he would get in trouble, the affidavit says.
Smith was charged Oct. 9 with three counts of corruption of minors and one count of furnishing alcohol to a minor alleging he had inappropriate contact with another girl June 17, when he was 20 years old and she was 16.
The girl reported Smith gave teens alcohol on "numerous occasions" at his home and that she had a sexual relationship with Smith until he turned 21 on June 30 and told her he could not continue to see her, court documents allege.
Magisterial District Judge Joseph Carmody arraigned Smith on the latest charges Monday afternoon, setting his bail at $30,000. Smith, who was already free on $30,000 bail in the first case, immediately posted bail through a bondsman.
A preliminary hearing is scheduled for 9 a.m. Oct. 30.
Wyoming Borough Mayor Bob Boyer has said Smith is suspended pending the outcome of the criminal charges.
Cody Lee Smith, 21, of Wyoming, is facing charges of involuntary deviate sexual intercourse, statutory sex assault, aggravated indecent assault and corruption of minors.
The charges are in addition to counts of corruption of minors and furnishing alcohol to a minor filed earlier this month alleging Smith hosted underage parties and had sex with a 16-year-old girl.
Smith declined to comment Monday following his arraignment.
According to a state police affidavit, Smith met the 14-year-old girl at the Luzerne County Fair in the summer of 2012. They began talking on Facebook, and between September 2012 and February 2013, they had sex at least 10 times, according to the charges.
In each case, Smith drove the girl to his mother's home in Wyoming and had sexual contact on a couch in the living room or on his mother's bed, the affidavit says.
Smith told the girl he works for a cellphone company and that he is in a gang, showing her a tattoo on his arm, police said. He also told the girl not to tell anyone about their relationship because he would get in trouble, the affidavit says.
Smith was charged Oct. 9 with three counts of corruption of minors and one count of furnishing alcohol to a minor alleging he had inappropriate contact with another girl June 17, when he was 20 years old and she was 16.
The girl reported Smith gave teens alcohol on "numerous occasions" at his home and that she had a sexual relationship with Smith until he turned 21 on June 30 and told her he could not continue to see her, court documents allege.
Magisterial District Judge Joseph Carmody arraigned Smith on the latest charges Monday afternoon, setting his bail at $30,000. Smith, who was already free on $30,000 bail in the first case, immediately posted bail through a bondsman.
A preliminary hearing is scheduled for 9 a.m. Oct. 30.
Wyoming Borough Mayor Bob Boyer has said Smith is suspended pending the outcome of the criminal charges.
Officer suspended after DWI arrest in Gretna
NEW ORLEANS -- An off-duty New Orleans police officer was placed on emergency suspension after being arrested for driving while impaired Monday evening in Gretna, according to Remi Braden, a spokesperson for the NOPD.
Officer Lindy Collins, who works in the Fourth District, was seen driving erratically on Stumpf Boulevard, near Gretna Boulevard, by a Jefferson Parish deputy who was off-duty, Braden said. Collins was driving his personal vehicle and had hit a curb, causing a blowout to his front tire.
"The off-duty deputy got out of his personal vehicle, approached Collins and determined he was incoherent. The deputy, who was assisted by an off-duty New Orleans police officer, stayed with Collins until members of the Gretna Police Department arrived. Gretna officers placed Collins under arrest for driving while impaired," Braden said.
According to police, Deputy Chief Arlinda Westbrook immediately placed Collins on emergency suspension without pay pending the outcome of a Public Integrity Bureau investigation.
Officer Lindy Collins, who works in the Fourth District, was seen driving erratically on Stumpf Boulevard, near Gretna Boulevard, by a Jefferson Parish deputy who was off-duty, Braden said. Collins was driving his personal vehicle and had hit a curb, causing a blowout to his front tire.
"The off-duty deputy got out of his personal vehicle, approached Collins and determined he was incoherent. The deputy, who was assisted by an off-duty New Orleans police officer, stayed with Collins until members of the Gretna Police Department arrived. Gretna officers placed Collins under arrest for driving while impaired," Braden said.
According to police, Deputy Chief Arlinda Westbrook immediately placed Collins on emergency suspension without pay pending the outcome of a Public Integrity Bureau investigation.
St. Cloud police officer says fellow cop ex-boyfriend turned stalker
ST. CLOUD, Fla. —
A St. Cloud police officer said she is scared for her life because a police sergeant in her department, who is also her ex-boyfriend, has been repeatedly harassing her and threatening to commit suicide.
Eyewitness News at 10's Renee Stoll broke the story earlier this month about an Osceola County love triangle that led to a female Osceola County deputy being arrested for beating up a female St. Cloud police officer.
The deputy alleged the St. Cloud police officer, Jennifer Hoyos, was having an affair with her husband, John Nettles, who is also a sergeant with St. Cloud police.
Hoyos, who was dating Nettles, is afraid for her life after she said he's been repeatedly harassing her.
The St. Cloud Police Department said there's nothing it can do about it.
Police reports show just how frightened the officer is of the sergeant.
"My ex-boyfriend is here. I've been text messaged that he's trying to commit suicide. He came here, he keeps knocking at my door, he won't go away," Hoyos said in a 911 call.
The ex-boyfriend Hoyos is talking about is Nettles.
This isn't the first time officer Hoyos, also with St. Cloud, has called for help.
Hoyos told the Orlando Police Department investigators she had "told him to leave her alone and to stop contacting her" when Nettles showed up to her apartment with a marriage proposal.
When he came to her home a second time, she was so scared she called 911.
"I'm in my room. I am armed right now. I don't know what he's going to do," Hoyos said.
According to reports, St. Cloud Police Captain Bret Dunn ordered Nettles to stay away from Hoyos, but just three days later Hoyos told her supervisor he was emailing, texting, and calling her.
She believed he had tracked her down even though she "has been staying with a friend due to being afraid to go home, and not knowing what Nettles would be capable of doing," according to a report.
This time her fellow St. Cloud officers arrived, but that report shows Capt. Dunn told them not to contact the Sheriff's Office because he didn't think there was enough for a criminal investigation, even though Hoyos said she was willing to prosecute.
Captain Dunn also said there isn't even enough here for an internal investigation, writing, "We have looked into each matter and have found no policy violations, accusations, or have received no formal complaints that would warrant a formal internal investigation."
Eyewitness News has not heard back from the Florida Department of Law Enforcement to get their take on Sgt. Nettles' actions.
Sgt. Nettles is on extended military leave for an injury incurred while he was deployed on duty, but he does have possession of his department-issued handgun.
A St. Cloud police officer said she is scared for her life because a police sergeant in her department, who is also her ex-boyfriend, has been repeatedly harassing her and threatening to commit suicide.
Eyewitness News at 10's Renee Stoll broke the story earlier this month about an Osceola County love triangle that led to a female Osceola County deputy being arrested for beating up a female St. Cloud police officer.
The deputy alleged the St. Cloud police officer, Jennifer Hoyos, was having an affair with her husband, John Nettles, who is also a sergeant with St. Cloud police.
Hoyos, who was dating Nettles, is afraid for her life after she said he's been repeatedly harassing her.
The St. Cloud Police Department said there's nothing it can do about it.
Police reports show just how frightened the officer is of the sergeant.
"My ex-boyfriend is here. I've been text messaged that he's trying to commit suicide. He came here, he keeps knocking at my door, he won't go away," Hoyos said in a 911 call.
The ex-boyfriend Hoyos is talking about is Nettles.
This isn't the first time officer Hoyos, also with St. Cloud, has called for help.
Hoyos told the Orlando Police Department investigators she had "told him to leave her alone and to stop contacting her" when Nettles showed up to her apartment with a marriage proposal.
When he came to her home a second time, she was so scared she called 911.
"I'm in my room. I am armed right now. I don't know what he's going to do," Hoyos said.
According to reports, St. Cloud Police Captain Bret Dunn ordered Nettles to stay away from Hoyos, but just three days later Hoyos told her supervisor he was emailing, texting, and calling her.
She believed he had tracked her down even though she "has been staying with a friend due to being afraid to go home, and not knowing what Nettles would be capable of doing," according to a report.
This time her fellow St. Cloud officers arrived, but that report shows Capt. Dunn told them not to contact the Sheriff's Office because he didn't think there was enough for a criminal investigation, even though Hoyos said she was willing to prosecute.
Captain Dunn also said there isn't even enough here for an internal investigation, writing, "We have looked into each matter and have found no policy violations, accusations, or have received no formal complaints that would warrant a formal internal investigation."
Eyewitness News has not heard back from the Florida Department of Law Enforcement to get their take on Sgt. Nettles' actions.
Sgt. Nettles is on extended military leave for an injury incurred while he was deployed on duty, but he does have possession of his department-issued handgun.
Cop Fired For Macing, Shooting Squirrel
Mountain City, TN – A Tennessee police officer has lost his job after a tense stand-off with a squirrel inside a store.
According to police documents, officer Jody Putnam was inside a Dollar General Store in Mountain City, northeast of Johnson City, two weeks ago when employees noticed that a squirrel had wandered in. How Putnam chose to intervene seems to have cost him his badge, reports WJHL.
Putnam apparently discharged his firearm and shot at the squirrel while inside the store. After that failed to work, he turned to his pepper spray and chased the rogue rodent around before apparently giving up.
out.”
Putnam was dismissed on October 2, 2013. He had worked with Mountain City Police for five years. Aside from a few certifications and details about his firing, little else was in his personnel file. He had previously worked at the Johnson County Sheriff’s Department, but resigned after 14 years.
According to police documents, officer Jody Putnam was inside a Dollar General Store in Mountain City, northeast of Johnson City, two weeks ago when employees noticed that a squirrel had wandered in. How Putnam chose to intervene seems to have cost him his badge, reports WJHL.
Putnam apparently discharged his firearm and shot at the squirrel while inside the store. After that failed to work, he turned to his pepper spray and chased the rogue rodent around before apparently giving up.
out.”
Putnam was dismissed on October 2, 2013. He had worked with Mountain City Police for five years. Aside from a few certifications and details about his firing, little else was in his personnel file. He had previously worked at the Johnson County Sheriff’s Department, but resigned after 14 years.
False drug arrest nets Staten Island man with candy in pocket $42,500
When cops arrested him two years ago outside a Stapleton barbershop, George Pringle told them the small item they found in a cellophane wrapper in his pocket was peppermint candy, his lawyer said.
Officers refused to believe the New Springville resident and arrested him for possession of crack-cocaine, said attorney Jason Leventhal.
Pringle, who was jailed for 27 hours, wasn't fibbing, and, now, his false arrest will cost taxpayers $42,500.
Pringle, 56, has settled his wrongful-arrest federal lawsuit against the city and several cops, said Leventhal.
Officers refused to believe the New Springville resident and arrested him for possession of crack-cocaine, said attorney Jason Leventhal.
Pringle, who was jailed for 27 hours, wasn't fibbing, and, now, his false arrest will cost taxpayers $42,500.
Pringle, 56, has settled his wrongful-arrest federal lawsuit against the city and several cops, said Leventhal.
Charges likely in Dallas officer’s shooting of mentally ill man
A Dallas police officer who was captured on a neighbor’s surveillance video shooting a mentally ill man as he stood still is likely to be indicted for his actions during the deadly force confrontation, several legal experts say.
If Officer Cardan Spencer were indicted in the shooting of Bobby Gerald Bennett, it would send shock waves through the Dallas police force, which hasn’t seen one of its own charged in an officer-involved shooting in decades.
“It just seems like, just from looking at it, that this person was shot by the officer without any legal justification,” said Robert Udashen, a well-known defense attorney who teaches criminal procedure at Southern Methodist University’s law school. “If a civilian had done that, a civilian would already be charged with a crime.”
Getting a conviction would be a lot harder than an indictment, though, because legal experts say juries are loath to second-guess the actions of police officers in deadly force situations.
“A jury may not want to convict him because of who he is,” said Juan Sanchez, a former Dallas County prosecutor. “Officers always get a fair trial, I’ll tell you that. People don’t want to believe that they would do something like that. They always have the presumption of innocence going for them.”
Bennett, 52, continues to recover at a Dallas hospital after being shot in the abdomen outside his mother’s home in the southeast Dallas neighborhood of Rylie. Authorities have dropped an aggravated assault charge against Bennett.
Spencer is on administrative leave. His attorney, Robert Rogers, has said that Spencer was justified in the actions he took in dealing with Bennett, who had a knife in his hand.
Citing legal reasons, Police Chief David Brown has declined to publicly comment about the shooting. Police officials also initially barred members of the media from an unrelated public meeting Monday night at the city’s south central patrol station. Media members were only allowed in after complaints were made to the city’s chief spokesman.
On Tuesday, Mayor Mike Rawlings issued a written statement, saying that he had seen the video and “found it disturbing.”
“Clearly this is a serious issue,” the mayor wrote. “I’m confident that the Dallas Police Department will move forward with its criminal investigation into this incident in an appropriate and expedient fashion.”
The status of the department’s criminal investigation is not clear. After completion, such cases routinely go to a grand jury.
Authorities have said that Spencer and his partner were dispatched to the 9400 block of Crimnson Court after Bennett’s mother called police for help in dealing with her son, who suffers from paranoid schizophrenia and bipolar disorder. She told a 911 operator Bennett had a knife.
According to an arrest affidavit, Spencer shot Bennett after he walked toward him and his partner with a “knife raised in an aggressive manner.” Spencer fired his weapon four times, striking Bennett in the abdomen. Spence’s partner did not fire his weapon.
Rogers said Tuesday that the arrest affidavit was not written by Spencer, “nor was it based on any statements that he made.” He said Spencer gave a statement to investigators the day after the shooting, explaining why he used deadly force. Rogers declined to elaborate on the contents of that statement.
The controversy surrounding the shooting stems from a neighbor’s video showing that Bennett, who was sitting in a chair, initially rolls back from the officers as they advance on him. He then stands up but does not move. His hands remain at his side and he is standing still when Spencer shoots him.
“It’s the smoking gun,” said Danny Clancy, a former Dallas County prosecutor. “It doesn’t appear that the officer was in any danger at that moment in time when he fired his weapon.”
Clancy and the other legal experts believe Spencer will probably be indicted on a charge of aggravated assault with a deadly weapon, a second-degree felony punishable by up to 20 years in prison. There’s also a possibility of federal civil rights charges.
The last time a Dallas officer is thought to have been criminally charged in connection with a police shooting was when Officer Darrell Cain was indicted in the 1973 fatal shooting of 12-year-old Santos Rodriguez. Cain killed Rodriguez when he put a gun to the boy’s head and pulled the trigger. Cain said he believed the gun was empty. He was convicted of murder and sentenced to five years in prison.
But that case was the exception, not the rule.
If Spencer is indicted, it’s anybody’s guess as to how it would play out in a courtroom, legal experts say.
The defense would be that Bennett “is mentally unstable,” said Toby Shook, a former high-ranking Dallas County prosecutor. Spencer “could say ‘from my point of view, I felt I had to shoot before he did anything else.’ You can’t get around the fact that he has a knife in his hand and has mental issues. A case like this always come down to a self-defense argument.”
“It’s really hard to convict police officers,” he added.
If Officer Cardan Spencer were indicted in the shooting of Bobby Gerald Bennett, it would send shock waves through the Dallas police force, which hasn’t seen one of its own charged in an officer-involved shooting in decades.
“It just seems like, just from looking at it, that this person was shot by the officer without any legal justification,” said Robert Udashen, a well-known defense attorney who teaches criminal procedure at Southern Methodist University’s law school. “If a civilian had done that, a civilian would already be charged with a crime.”
Getting a conviction would be a lot harder than an indictment, though, because legal experts say juries are loath to second-guess the actions of police officers in deadly force situations.
“A jury may not want to convict him because of who he is,” said Juan Sanchez, a former Dallas County prosecutor. “Officers always get a fair trial, I’ll tell you that. People don’t want to believe that they would do something like that. They always have the presumption of innocence going for them.”
Bennett, 52, continues to recover at a Dallas hospital after being shot in the abdomen outside his mother’s home in the southeast Dallas neighborhood of Rylie. Authorities have dropped an aggravated assault charge against Bennett.
Spencer is on administrative leave. His attorney, Robert Rogers, has said that Spencer was justified in the actions he took in dealing with Bennett, who had a knife in his hand.
Citing legal reasons, Police Chief David Brown has declined to publicly comment about the shooting. Police officials also initially barred members of the media from an unrelated public meeting Monday night at the city’s south central patrol station. Media members were only allowed in after complaints were made to the city’s chief spokesman.
On Tuesday, Mayor Mike Rawlings issued a written statement, saying that he had seen the video and “found it disturbing.”
“Clearly this is a serious issue,” the mayor wrote. “I’m confident that the Dallas Police Department will move forward with its criminal investigation into this incident in an appropriate and expedient fashion.”
The status of the department’s criminal investigation is not clear. After completion, such cases routinely go to a grand jury.
Authorities have said that Spencer and his partner were dispatched to the 9400 block of Crimnson Court after Bennett’s mother called police for help in dealing with her son, who suffers from paranoid schizophrenia and bipolar disorder. She told a 911 operator Bennett had a knife.
According to an arrest affidavit, Spencer shot Bennett after he walked toward him and his partner with a “knife raised in an aggressive manner.” Spencer fired his weapon four times, striking Bennett in the abdomen. Spence’s partner did not fire his weapon.
Rogers said Tuesday that the arrest affidavit was not written by Spencer, “nor was it based on any statements that he made.” He said Spencer gave a statement to investigators the day after the shooting, explaining why he used deadly force. Rogers declined to elaborate on the contents of that statement.
The controversy surrounding the shooting stems from a neighbor’s video showing that Bennett, who was sitting in a chair, initially rolls back from the officers as they advance on him. He then stands up but does not move. His hands remain at his side and he is standing still when Spencer shoots him.
“It’s the smoking gun,” said Danny Clancy, a former Dallas County prosecutor. “It doesn’t appear that the officer was in any danger at that moment in time when he fired his weapon.”
Clancy and the other legal experts believe Spencer will probably be indicted on a charge of aggravated assault with a deadly weapon, a second-degree felony punishable by up to 20 years in prison. There’s also a possibility of federal civil rights charges.
The last time a Dallas officer is thought to have been criminally charged in connection with a police shooting was when Officer Darrell Cain was indicted in the 1973 fatal shooting of 12-year-old Santos Rodriguez. Cain killed Rodriguez when he put a gun to the boy’s head and pulled the trigger. Cain said he believed the gun was empty. He was convicted of murder and sentenced to five years in prison.
But that case was the exception, not the rule.
If Spencer is indicted, it’s anybody’s guess as to how it would play out in a courtroom, legal experts say.
The defense would be that Bennett “is mentally unstable,” said Toby Shook, a former high-ranking Dallas County prosecutor. Spencer “could say ‘from my point of view, I felt I had to shoot before he did anything else.’ You can’t get around the fact that he has a knife in his hand and has mental issues. A case like this always come down to a self-defense argument.”
“It’s really hard to convict police officers,” he added.
Woman allegedly forced to strip; 2 officers charged
PHILADELPHIA - October 23, 2013 (WPVI) -- Two Philadelphia police officers are facing federal charges related to an incident where a woman was allegedly forced to strip naked while one of the accused officers pleasured himself.
Former Police Officer Joseph Harvey and Officer Sean Cahill, both of Philadelphia, were arrested on Wednesday.
According to the indictment, On October 8, 2009 Harvey used his power as a police officer to order the victim to remove all of her clothing and sit naked while he pleasured himself.
Harvey, 39, is charged with deprivation of civil rights under color of law. If convicted, he faces a maximum term of one year in prison, a $100,000 fine, and a $100 special assessment.
Officer Cahill, 34, is charged with making a material false statement. If convicted, Cahill faces a maximum term of five years in prison, a $250,000 fine, up to three years supervised release, and a $100 special assessment.
Cahill, a 10-year veteran assigned to the 24th District, has been suspended for thirty days with the intent to dismiss.
Harvey was a 7-year veteran, previously assigned to the 24th District.
PCPD Officer Charged with Battery for Pepper Spray Incident
Wilburn then opened the back seat drivers side door and grabbed Boles pulling her to the other side of the patrol car. Later, Wilburn is seen pepper spraying the handcuffed suspect.
Charges were filed against Wilburn October 1st. He was put on paid administrative leave a week after the incident and resigned on September 20th from the department.
The FDLE handed over their findings to the State Attorney's office. The Panama City Police Department and State Attorney's office declined to comment on camera.
Montgomery police officer charged with using position to unlawfully enter local residence
MONTGOMERY, Alabama -- A Montgomery police officer has been charged with using his position to unlawfully enter the home of a local resident.
Destin Ryals, 21, was arrested on Oct. 22 at his home with the assistance of the Prattville Police Department on the misdemeanor charge of first-degree criminal trespass, the Montgomery Department of Public Safety released today.
The Montgomery Police Department initiated the investigation Monday after receiving a citizen complaint that a police officer had used his position to unlawfully enter a local residence.
Ryals is accused of entering the home under false pretenses after the resident opened the door to the officer.
As part of its investigation, MPD is reviewing all citizen contacts involving the officer during his six months of patrol duty with the department, the Department of Public Safety released.
Ryals was immediately relieved of duty and termination proceedings were initiated, according to the department. Ryals subsequently resigned Monday, effective immediately.
Destin Ryals, 21, was arrested on Oct. 22 at his home with the assistance of the Prattville Police Department on the misdemeanor charge of first-degree criminal trespass, the Montgomery Department of Public Safety released today.
The Montgomery Police Department initiated the investigation Monday after receiving a citizen complaint that a police officer had used his position to unlawfully enter a local residence.
Ryals is accused of entering the home under false pretenses after the resident opened the door to the officer.
As part of its investigation, MPD is reviewing all citizen contacts involving the officer during his six months of patrol duty with the department, the Department of Public Safety released.
Ryals was immediately relieved of duty and termination proceedings were initiated, according to the department. Ryals subsequently resigned Monday, effective immediately.
La Crosse Police officer charged with drug possession
A sting with fake drugs led to the arrest and resignation of a La Crosse Police officer earlier this summer.
At a court appearance scheduled for Wednesday afternoon, former La Crosse Police Lieutenant Brian Thompson faces charged with one count of Possession of Narcotic Drugs.
The criminal complaint against Thompson says the investigation began after concerns that Thompson was spending time in the department's evidence room that weren't a part of his normal duties. It also says Thompson asked other officers if they had any leftover pain medications.
The complaint says Assistant Chief Robert Abraham had Captain Jason Melby pack a duffel bag with personal items and a bottle of fake narcotic pills.
Chief Abraham then gave the duffel to Thompson and told him to take care of putting it into evidence. The complaint says that video cameras later captured Thompson searching the bag.
When Abraham asked if there was anything in the bag, Thompson replied that there were only clothes in the duffel bag. Later, when Abraham checked, he found the pill bottle, now empty, in the duffel bag. Thompson again said that there were only clothes in the bag when he was asked a second time.
On August 13, Thompson admitted he took the pills from the bag and ingested them. He also told investigators that on at least three occasions he took methamphetamine from the evidence locker and ingested those drugs.
At a court appearance scheduled for Wednesday afternoon, former La Crosse Police Lieutenant Brian Thompson faces charged with one count of Possession of Narcotic Drugs.
The criminal complaint against Thompson says the investigation began after concerns that Thompson was spending time in the department's evidence room that weren't a part of his normal duties. It also says Thompson asked other officers if they had any leftover pain medications.
The complaint says Assistant Chief Robert Abraham had Captain Jason Melby pack a duffel bag with personal items and a bottle of fake narcotic pills.
Chief Abraham then gave the duffel to Thompson and told him to take care of putting it into evidence. The complaint says that video cameras later captured Thompson searching the bag.
When Abraham asked if there was anything in the bag, Thompson replied that there were only clothes in the duffel bag. Later, when Abraham checked, he found the pill bottle, now empty, in the duffel bag. Thompson again said that there were only clothes in the bag when he was asked a second time.
On August 13, Thompson admitted he took the pills from the bag and ingested them. He also told investigators that on at least three occasions he took methamphetamine from the evidence locker and ingested those drugs.