Fairfax County Police Watch: 12/31/13

Unbelievably lenient sentence for cop who fingered suspects’ anuses

Robby Soave

Reporter

The end of 2013 brought a measure of closure to a long-running Milwaukee police scandal, though some say the officer — and his cohorts — who repeatedly and illegally shoved his fingers up black male suspects’ anal cavities got off with a light sentence considering the flagrant nature of his abuses.

The ringleader was identified as officer Michael Vagnini, a white man who routinely targeted black males as young as fifteen for sadistic — and blatantly illegal — anal searches.

One victim said that another officer put a gun to his head while Vagnini administered a choke hold, touched his scrotum and fingered his anus. Another man was probed so violently that he bled.

Wisconsin law clearly prohibits police officers from administering cavity searches. Only medical professionals may do so, and only when authorized by a warrant.

But lack of a warrant or a medical degree did not stop Vagnini from sticking his fingers inside a 15-year-old boy’s anus and touching his genitals during a traffic stop in December of 2011.

The Journal Sentinel documented at least a dozen similar instances of Vagnini performing invasive, illegal searches on black men. According to his reports, some of the victims were indeed carrying drugs, though they contend that the officer lied about the details and even planted drugs inside their bodies.

One man, Keon Canada, was searched by Milwaukee police on four separate occasions. They searched his buttcheeks and opened the front of his pants. No drugs were found during any of the searches.

Vagnini rarely used gloves when he probed their anuses, the victims contend. He also stole personal items and laughed when asked to present a warrant.

Milwaukee Police Chief Ed Flynn gradually became aware of what Vagnini was doing but had to wait “a couple of years,” for a proper investigation to take place. Eventually, Vagnini was charged with 25 counts of assault and sexual assault against at least a dozen victims.

For his crimes, Vagnini will serve a little over two years in jail.

As part of a plea deal accepted earlier this year, he admitted his guilt on four felony and four misdemeanor charges, earning 26 months in jail. The sexual assault charge was voided by the deal, allowing Vagnini to avoid having to register as a sex offender.

Vagnini did not act alone, although most reports conclude that he was the only officer administering anal cavity searches. At least four other officers–Jacob Knight, Jeffrey Dolhopf, Brian Kozelak and Jason Mucha–assisted Vagnini by holding down the victims, or turned a blind eye and failed to report obvious abuse to superior officers.

The last of Vagnini’s henchman were sentenced earlier this month. Their punishments amounted to little more than community service and fines in the hundreds of dollars.

Each were forced to quit the police force — after receiving paid leave for months while the investigation took place.

It’s an all-too-easy punishment for Vagnini and his fellow officers, said Jonathan Safran, an attorney for one of the victims.

“I’m not sure if it’s strong enough,” said Safran in a statement, referring specifically to the sentencing of Knight.

Safran and others have alleged that the abuse actually included more officers than just those five.

Vagnini’s lawyer defended his client by noting that the officer’s tactics were encouraged by the department as a way to catch and deter drug offenders in Milwaukee.

The police department did not immediately respond to a request for comment.

Anal cavity searches — a tactic in U.S. law enforcement’s War on Drugs — are receiving scrutiny from many in the media this year. New Mexico police are accused of arresting random drivers, escorting them to hospitals and forcing them to undergo anal surgery — all in pursuit of drugs.

L.A. County hired dozens ejected by the Sheriff's Department

Those hired by other L.A. county agencies included an officer who cut a man's neck with a knife in an off-duty fight, records show.

By Ben Poston and Robert Faturechi

Dozens of police officers rejected for jobs at the Los Angeles County Sheriff's Department after investigators found evidence of dishonesty or past misconduct were given positions elsewhere in county government, according to interviews and internal hiring records reviewed by The Times.

The hirings came in 2010 after the county's little-known police force, the Office of Public Safety, was dissolved as a cost-saving measure. The Times reported earlier this month that the sheriff took on about 280 of the officers from that agency, many of whom had histories of serious misconduct and integrity-related problems. More than 50 of those who didn't make the cut at the Sheriff's Department secured jobs at other county agencies, such as social services, children and family services and community and senior services. County officials said they were not required to hire the former officers. Still, they said, they wanted to avoid as many layoffs as possible.

Records show that among those hired was an officer who cut a man's neck with a knife in an off-duty fight outside a bar and others who admitted to sleeping or having sex on duty.

More than half of the former officers hired by other county agencies had been disciplined for significant misconduct such as making false statements, sexual harassment or insubordination. Forty showed evidence of dishonesty, according to hiring records.

BEHIND THE BADGE: Full coverage of the sheriff's hiring practices

County officials who made the hiring decisions had access to only some of the problems discovered by sheriff's background investigators. According to a county spokesman, agency heads were able to review personnel files, which contained details about on- and off-duty misdeeds that led to discipline. But because of confidentiality laws relating to police personnel records, county officials were not privy to information that applicants disclosed to sheriff's investigators during interviews and polygraph examinations.

Under those limitations, county officials had access to personnel records showing that Officer Allen V. Davis was suspended 20 days around 2003 after he pulled a knife on a man outside of a bar and cut his neck. He was charged with assault with a deadly weapon, and later pleaded no contest to disturbing the peace, sheriff's investigators noted.

The county rehired him to work as a supervising clerk at the registrar-recorder/county clerk's office. Davis could not be reached for comment.

County officials also had access to personnel records showing that Officer Darrell Green was suspended 10 days in 1995 for domestic violence, admitting he punched his wife in the mouth. He was convicted of misdemeanor spousal assault and was sentenced to three years of probation. He told sheriff's investigators that the case was eventually expunged.

The records indicate that Green also was suspended for sleeping on duty in 1996 and another time for threatening a fellow officer on duty in 2005. In that second suspension, the other officer accused Green of standing in front of him with his fist clenched and saying, "I know you are a snitch. You know what they do to snitches in prison, don't you?"

Green, who could not be reached for comment, was hired by the Department of Children and Family Services as an eligibility worker.

In general, individuals applying for civilian jobs within the county are not as intensely vetted as those applying to be peace officers because the positions come with far less authority.

County spokesman David Sommers said various criminal convictions don't automatically bar someone from employment. Past misdeeds can be disregarded if officials determine there are mitigating circumstances or the misdeeds are not related to the position and the applicant poses no threat to the county or to the public, he said. He declined to discuss specific hires.

According to the police confidentiality rules Sommers laid out, county officials probably weren't told about the admissions of Officer Andy Northrup.

During his screening interview, Northrup gave sheriff's background investigators conflicting accounts of when he solicited prostitutes, something he eventually said he did about 100 times while employed as a county police officer as recently as 2004.

The county hired Northrup as a welfare fraud investigator. Reached by The Times, Northrup declined to comment.

Contact the reporters | Follow Ben Poston (@bposton) and Robert Faturechi (@RobertFaturechi) on Twitter

A look inside the hiring files

The Los Angeles County Sheriff’s Department hired dozens of officers even after background investigators found they had histories of serious misconduct or poor performance.

The investigators delved into the backgrounds of about 280 officers hired in 2010 when the Sheriff’s Department took over patrol responsibilities for the county’s Office of Public Safety.

This graphic offers a sampling of substantiated misconduct from the files, which the Sheriff’s Department used to determine whether to hire the applicants. The behavior and incidents described in the records were compiled by sheriff’s investigators and forwarded to top officials, who ultimately hired all of those below.

David W. Johnson

49 years old

Hired rank: Deputy Sheriff

Sheriff's background file shows:

- Sheriff's background investigators noted issues with his "professional demeanor." Sheriff's background investigators noted: "The applicant has given an excuse for all discipline he has received. He has not taken any responsibility for his actions whatsoever ... applicant has no idea how he comes across towards others."
- He was reprimanded in 2006 for derogatory language toward county police applicants. In front of applicants, he said "I hope that piece of crap is not applying with us," referring to an overweight applicant. Also in front of applicants, he told a recruiting sergeant: "You've got to be ... kidding me. Is that the kind of crap you're recruiting?"
- In 2008, he was suspended for 10 days for failing to take a report when another officer got into an on-duty traffic accident, then submitting an incomplete report with multiple errors.
- He was suspended for three days in 1995 for continuing a pursuit even after a supervisor directed him to stop.

Response

Reached by The Times, Johnson did not address his listed misconduct, saying in a statement that the information was confidential and "protected from disclosure."

Angela Contreras

45 years old

Hired rank: Deputy Sheriff
See response

Sheriff's background file shows:

- Following an internal affairs investigation, she was found to have committed a variety of misconduct, including unnecessarily drawing her gun on two men and their dogs over an off-leash violation and making disparaging comments about colleagues. The discipline was withdrawn, however, because the investigation wasn't completed in a timely manner. It is unclear when these incidents occurred.

Response

Attempts by The Times to reach Contreras by email and phone were unsuccessful.

David E. Esparza

39 years old

Hired rank: Jailer
See response

Sheriff's background file shows:

- He said he took an estimated $2,200 in equipment from the military: a flak vest, two radio-equipped helmets, a sleeping bag, mattress pad, poncho liner and ammunition. He also said he took $220 in sandwiches without paying for them while working as a security around 1998 at the Queen Mary. He did not initially disclose these thefts to sheriff's background investigators.
- He said he smoked marijuana in 2008 while employed by the county police agency. He said he was off duty at the time.
- He was suspended for one day in 2006 after accidentally discharging his shotgun. Esparza said he didn't realize he had loaded the weapon.
- He said he drove under the influence of alcohol and what he believed was over the legal limit 15 to 20 times from 1994 to 2009 but was not arrested.

Response

Reached by The Times, Esparza did not address his listed misconduct, saying in a statement that the information was confidential and "protected from disclosure."

David F. McDonald

53 years old

Hired rank: Jailer
See response

Sheriff's background file shows:

- He was fired from the Santa Clara County Sheriff's Department around 1985. He was found to use far too much physical force in controlling inmates. In one instance, he responded to an inmate making a comment by handcuffing the prisoner, spinning him around and sweeping the inmate's feet out from under him. "The applicant's actions were unnecessary as he could have simply closed the holding cell door," authorities noted. The investigation determined that other inmates observed his actions, "which could have precipitated a lynching or riotous reaction." A fellow deputy asked not to work with McDonald because he "jacked up inmates too much" by calling them names. Asked by a supervisor how he thought inmates should be supervised, he said "Well, like Clint Eastwood, tell them what to do and they either do it or else." During the background interview, McDonald said that he had a reputation for being rude and insulting inmates. He also said that on occasion he would press inmates against the wall in a control hold.
- He said that around 1988 at age 28 he kissed and groped a 14-year-old. He said he thought she was 16 but continued the relationship even after he learned her true age. He said they did not have intercourse.
- He was sentenced to two days in jail in 1986 at age 26 for unlawfully carrying a gun in his car.
- Since being hired by the Sheriff's Department, McDonald said he has been disciplined in connection with using force on an inmate.

Response

In an interview with The Times, McDonald said he was reprimanded once since being hired after he used force on an inmate. He said the problem was that he did not notify a supervisor beforehand. "Whenever you jack up an inmate, you have to get supervisor approval," he said. He said that in general, his listed misconduct is from many years ago and does not represent who he is now. "Just because I got fired from a cop job doesn't mean I should be tarnished forever," he said. "Most people learn from their mistakes." As for the relationship with the 14-year-old, he said they went on dates, hugged and kissed but did not have sex. "I was in love," he said. "I wasn't being a bad guy." McDonald said he was confused by the decision by sheriff's officials to hire him as a custody assistant in the jails. "How can you put me back in the jails when I already had a problem there?" he asked. McDonald later reached out to The Times to say he was not terminated from a job after his weapon accidently discharged. He said he quit, and that the employer said he was terminated in order "to save face with his clients."

William J. Martin

58 years old

Hired rank: Jailer
See response

Sheriff's background file shows:

- He was suspended for 20 days in 1988 for an "unprovoked physical altercation" against another officer. Martin was not happy with his work assignment. He pushed the officer who had assigned it, causing the officer to hit his elbow and suffer a puncture wound in his neck from a pencil he was holding. Martin then struck him a second time, causing the officer to lose his balance again. Martin did not dispute his involvement when talking to a sheriff's background investigator.
- He was suspended for five days in 1995 over an unauthorized pursuit. During the chase, the suspect crashed into another motorist, causing severe injuries to passengers in both cars.

Response

In an interview with The Times, Martin said "nobody's squeaky clean." He said the allegation that he attacked a co-worker was overblown. He said that he pushed the man once, not twice and that the injury was "very slight." He said the witnesses were friends with the other man, so that slanted the end result. "We were just two guys who didn't see eye to eye," he said. "There was a lot of tension at that time ... I was a black guy, he was a white guy." As for the unauthorized pursuit, he said that at the time of the accident he had stopped pursuing the motorist, but he acknowledged he should have reported the pursuit on the radio sooner.

Jesus A. Gonzalez

34 years old

Hired rank: Deputy Sheriff
See response

Sheriff's background file shows:

- In 2008, he was suspended for six days in connection with a traffic accident in which his car rear-ended another car while on duty, causing damage to both vehicles. He allegedly discouraged the other party from filing a complaint, warning that the person's car would be impounded if a report was made. Gonzalez failed to notify a supervisor of his traffic collision until five hours later. The county police considered firing him, but instead suspended him.
- In 2009, he was suspended for two days after driving a patrol all-terrain vehicle into a bicyclist he was trying to pull over. The cyclist was injured.
- He was reprimanded in 2008 for driving into a cement bench.
- He was convicted of drunk driving around 2002.

Response

Reached by The Times, Gonzalez hung up before a reporter could read him a summary of his background file.

Edgard Garcia

49 years old

Hired rank: Deputy Sheriff
See response

Sheriff's background file shows:

- Soon after getting hired by the county police, he was convicted of misdemeanor counts of assault with a deadly weapon, brandishing a firearm and possession of a concealed and loaded firearm in public. He was sentenced to two years' probation. The convictions stemmed from a fight he got into after leaving an East Los Angeles bar in 1989.

Response

In an interview, Garcia said he was convicted of only misdemeanor battery, not the other charges. He confirmed he was a police officer at the time but said "I really don't feel comfortable talking about that." He said he works as a jail deputy, and has not been reprimanded since being hired. Later, his attorney Bradley Gage told The Times that Garcia is "a highly regarded officer."

Jason Crosswhite

41 years old

Hired rank: Jailer
See response

Sheriff's background file shows:

- He was suspended for 15 days for false statements and other policy violations. He was on patrol, with his headlights off, when he crashed into a metal pole around 2001. He told his sergeant, however, that the damage to his car was caused by a pole falling onto it.
- Crosswhite was suspended two other times for car accidents he caused, including a 25-day suspension around 2003 when his foot slipped off the brake pad and he hit the car in front of him, and a 20-day suspension around 2002 when he attempted to avoid hitting a jaywalking pedestrian and instead collided with another car, sending occupants of both cars to the hospital.

Response

Attempts by The Times to reach Crosswhite by email and phone were unsuccessful.

Discipline letter for Covington officer details violations in referee arrests

Ashley Rodrigue

COVINGTON, La. -- The discipline letter issued to Stephen Short stretches four pages.

It starts by laying out the officer's punishment as a 10-day suspension, without pay, and a demotion to the rank of sergeant. Short can return to work on Jan. 15 and can't apply to be a lieutenant again for more than a year.

Chief Tim Lentz said it's also questionable as to whether Short will be allowed to continue as a detective.

"I'm happy and frustrated at the same time too,” he said, “I know this has been a topic of discussion throughout the community. I wish I would have completed this sooner."

The punishment comes as a result of the October arrests of two referees at a football game. The incident stemmed from an argument between Short and the referees over crowd control.

The chief describes the incident in detail, and said in the letter, “An internal investigation was launched and revealed that at the time of the arrest, you had no idea what the referees were being charged with. It wasn’t until you returned to the Police Department and a call was made to an assistance district attorney were charges determined. After examining the charges, it is believed that the charges are not applicable in this case.”

The public intimidation charges were dropped against the referees a week later. The letter says Short failed to seek alternatives to arrest and to exercise reasonableness. It also says Short displayed unbecoming conduct and conduct of a discourteous nature.

But the discipline letter doesn't just address the referee incident. Lentz said in the letter, "While conducting the investigation, it was revealed that you have had an issue with your temper and have at one point attended anger management sessions during your career."

Because of that, the chief said, he's requiring Short complete a fit-for-duty evaluation before coming back to work.

After waiting two hours for Short to come out of this detectives' building to answer our questions, it seems he snuck out to avoid our cameras.

Lentz hopes this is the end of the controversy he started his new job dealing with.

"Hopefully, today, we've taken a step in the right direction to reestablish the public's trust," said Lentz.

Earlier this month, an Eyewitness Investigation detailed Short's almost 20-year work history, which included several conduct issues throughout his career similar to those listed in today's discipline letter.

Short has 15 days to appeal the discipline to the civil service board.

Short's attorney did not return a phone call for comment on whether there would be an appeal.

Marion police officer suspended following domestic violence arrest

By Patricia Burkett

DILLON COUNTY, SC -

A Marion police officer is on administrative leave without pay after he was arrested this weekend on a domestic violence charge.

Dillon County investigators charged 31-year-old Jason Chadwick "Chad" Bracey with Criminal Domestic Violence.

Bracey had been an officer with the Marion Police for nearly four months, according to Marion City Administrator Alan Ammons.

Ammons said that Bracey was placed on leave following the Saturday arrest.

Officials released no other details about the arrest or circumstances surrounding it.

Bracey was previously arrested in December of 2012 in Marion County and was charged with grand larceny in connection with a truck that was stolen during a weekend party.

At that time, Bracey had been a Dillon City police officer for about 10 years.

During that incident, deputies responded to a call of a large crowd causing a disturbance at the end of two roads between Marion and Latta, according to an incident report. In that case, Bracey was accused of stealing a 1998 Chevrolet Z71, damaging mailboxes, fences and driving through neighboring yards. The Dillon Police department released Bracey after that arrest.

City of Tulsa to settle lawsuit linked to police corruption scandal for $300,000

By DAVID HARPER World Staff Writer | 1 comment

The city of Tulsa has agreed to pay $300,000 to settle its part of a lawsuit filed by a woman who was freed from federal prison after corruption within the Tulsa Police Department was uncovered, attorneys confirmed Thursday.

Larita Barnes had filed the case Aug. 6, 2010, slightly more than a year after she was freed from custody.

She alleged that she was deprived of her rights and illegally incarcerated after Jeff Henderson, a former undercover officer in the Tulsa Police Department's Special Investigations Division, and Brandon McFadden, a former agent of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, coached a drug informant and fabricated a drug buy in May 2007.

She also alleged that the city failed to act on previous cases in which Henderson was accused of fabricating evidence or was disciplined as an officer.

"This created an atmosphere within the Tulsa Police Department of officers being able to routinely and frequently violate the statutory and constitutional rights of citizens, without fear of any discipline or firing," the lawsuit states.

Barnes, now 37, was convicted in April 2008 of two drug charges and was sentenced in October 2008 to 10 years in prison. She was freed July 2, 2009, as a result of a court order that also freed her father, Larry Barnes Sr., 63, who had been convicted in the same case and had been sentenced to 5 1/2 years in custody.

Larita Barnes' attorney, Mark Lyons, said Thursday evening that the $300,000 settlement was a "legal and moral victory" for his client.

Lyons said he was "delighted" with the result. He said the facts of Larita Barnes' case "cried out for her to be compensated and for her to be made right."

At least 48 people have been freed from prison or had their cases modified because of civil rights violations or potential problems with their cases stemming from the police corruption.

City of Tulsa Litigation Division Manager Gerald Bender and attorney Guy Fortney — who also represented the city in the case — both independently confirmed the $300,000 figure.

Bender said the city agreed on the amount subject to the dismissal of claims against Henderson, who was convicted in August 2011 of six counts of perjury and two counts of civil rights violations and was sentenced to 42 months in prison.

Bender said the case was resolved as a result of a day-long settlement conference conducted in Oklahoma City last Friday by U.S. Senior District Judge Lee West.

An official document stating that Larita Barnes had settled her claims against the city of Tulsa and Henderson was filed Monday, although it did not list the terms.

Lyons said he expects the funds to be paid to Barnes in late January or early February. He did not divulge his fees but said Barnes will get most of the money.

He noted that the lawsuit remains alive against McFadden, who was sentenced in December 2011 to a 21-month prison term on a drug-conspiracy conviction.

Larita Barnes also has a separate lawsuit pending against the U.S. government concerning McFadden's actions while he was an ATF agent.

At least 17 lawsuits related to the Tulsa police corruption scandal have been filed in federal or state court, including still-pending litigation brought by Larry Barnes Sr.

The city has received mostly favorable pretrial rulings, although it agreed to settle a case with Demario T. Harris for $50,000.

Harris, 33, had been convicted in 2005 of drug and gun crimes. He was sentenced to life in prison but was freed in October 2010 after the prosecution conceded that his "conviction was obtained in violation of the defendant's due process rights."

Bender has previously said the choice to settle the Harris case was a "business decision" that was made by evaluating the lawsuit and what it would cost to defend it.

Beyond confirming the amount, Bender did not comment about the decision to settle with Larita Barnes on Thursday evening, citing court rules that govern settlement conferences —- which are not public proceedings.