Fairfax County Police Officer David Ziants award for kill somebody and the worst thing that happens to you is you get fired.
Special
prosecutor ordered in controversial death case
CHICAGO –
A Cook County judge Friday ordered the appointment of a special prosecutor to
investigate the 2004 death of a man during an altercation with a nephew of
former Chicago Mayor Richard M. Daley.
The family of 21-year-old David
Koschman asked for a special prosecutor because it believes the initial
investigation had police cover-ups. The family also said the Cook County State’s
Attorney’s Office has political ties to Daley and is not fit to handle the
case.
Koschman
died days after he struck his head during a fight with Daley’s nephew, Richard
Vanecko, outside a bar in Chicago’s Gold Coast neighborhood. No charges have
been filed.
In his
ruling, Judge Michael Toomin said evidence supports allegations of police
misconduct in the initial investigation, including ignoring or falsely
recording witness statements and labeling the victim as the aggressor. He also
criticized the state’s attorney’s office.
“The
tempest has not been calmed by the actions of the state’s attorney’s office.
... Quite simply we have a dead body,” he said. “This is not a who-done-it. We
know who did it, yet no charges have been filed.”
While the
judge said there was the appearance of institutional conflict because of police
misconduct, he said he did not think State’s Attorney Anita Alvarez has a
political conflict.
Koschman
died days after he struck his head during a fight with Daley’s nephew, Richard
Vanecko, outside a bar in Chicago’s Gold Coast neighborhood. No charges have
been filed.
In his
ruling, Judge Michael Toomin said evidence supports allegations of police
misconduct in the initial investigation, including ignoring or falsely
recording witness statements and labeling the victim as the aggressor. He also
criticized the state’s attorney’s office.
“The
tempest has not been calmed by the actions of the state’s attorney’s office.
... Quite simply we have a dead body,” he said. “This is not a who-done-it. We
know who did it, yet no charges have been filed.”
While the
judge said there was the appearance of institutional conflict because of police
misconduct, he said he did not think State’s Attorney Anita Alvarez has a
political conflict.
When the
judge read his conclusion, the victim’s mother, Nanci Koschman, broke into
tears, turned and hugged her sister.
“I hope I
finally get some justice for David,” she said afterward. “I’ll go see him this
afternoon in the cemetery and tell him that.”
Alvarez
has said she doesn’t think her office has a conflict of interest in the case.
After the
judge’s ruling, Alvarez said she would not appeal the decision and will
cooperate with whoever is named as special prosecutor.
“I
continue to believe I have no legal conflict of interest that would have
prevented me from handling the Koschman case,” Alvarez said, adding that she
believes she has been the victim of unjust attacks by reporters.
Alvarez
had asked state police to investigate after a series of articles in the Chicago
Sun-Times raised questions about the Chicago Police Department’s investigation
of Koschman’s death. The newspaper has reported the police department closed
the case after deciding Vanecko acted in self-defense.
State
police initially agreed to take on the case in March 2011, but backed out days
later without explanation, the state’s attorney’s office said then.
The
Sun-Times has reported that Chicago’s inspector general had been reviewing the
police department’s investigation of Koschman’s death.
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
Fairfax County Police Officer David Ziants award for kill somebody and the worst thing that happens to you is you get fired.
Do SoCal Cops Shoot First,
Lie Later?
"In both cases, the key question was: 'Were the cops
telling the truth?'" says Sayre, the onetime head of the local Hispanic
Bar Association. "And in both cases, juries concluded the cops weren't
being honest. The officers had been willing to lie under oath."
It wasn't long ago that police in Orange County enjoyed
reputations for honesty, as virtuous heroes. However, in the past decade, we've
seen cops rape women, molest boys, steal cocaine from evidence lockers,
perpetrate domestic violence, falsify official reports, assault handcuffed
suspects, lie on the witness stand, knowingly arrest innocent people, party
with organized-crime figures, accept bribes and destroy evidence. Last month, a
jury convicted an LAPD detective of committing a sadistic murder.
With Orange County residents alarmed over the savage
killing of Kelly Thomas by Fullerton police last July and awaiting trials of
two involved cops, questions about police credibility will remain a hot topic
for the foreseeable future. Yet, for most of us, police corruption still isn't
tangible. That's not true for Anaheim's Ernest Raymond Rodriguez, one of
Sayre's clients.
In May 2009, Rodriguez foolishly lost his temper and
broke a Belmont Shore shop window near Legends Sports Bar. Confronted by the
bar's bouncers, Rodriguez agreed to stay until cops arrived. Jonathan A.
Steinhauser, a culinary host turned Long Beach cop, didn't believe Rodriguez
adequately complied with his commands and struck him with a baton. The man put
up his arms to protect himself and gained control of the weapon. The cop pulled
out his Glock handgun and fired three bullets that incredibly put nine holes in
Rodriguez.
"Thankfully, all the shots missed vital
organs," Sayre says.
Police can legally use deadly force to defend themselves
from real threats. To justify the shooting, Steinhauser claimed Rodriguez
approached him while holding the baton as though it were "a baseball
bat," a stance the cop saw as a potential fatal threat. (Note regarding
the Thomas killing: Steinhauser testified that cops strike a suspect's torso to
gain compliance or the head to inflict lethal damage; Fullerton cops targeted
Thomas' head.)
"The way [Rodriguez] was holding the baton was up
around the shoulder area, high enough that it would have been at my head
level," the cop explained to Sayre during a deposition for a civil lawsuit
against the city of Long Beach. "[The baton] was moving forward. . . . [I
fired] three shots in rapid succession. . . . After the third shot, he fell to
the ground and didn't pose a threat to me."
But five eyewitnesses, including ex-U.S. Marine David
Irizarry, dispute the cop's tale. According to Irizarry, Rodriguez never moved
toward Steinhauser or held the baton in a threatening way. In fact, Irizarry
saw the man toss the baton over his shoulder. He testified that Rodriguez then
stood still with his arms up and, to show his hands were empty, held his palms
open to Steinhauser. Irizarry said that's when the cop began unnecessarily
shooting.
"I was looking at Mr. Rodriguez when he tossed the
baton behind him, and then I just heard shots," he testified.
Irizarry became Sayre's star witness at the 2011 trial,
which ended in Rodriguez's favor. Last month, U.S. District Court Judge David
O. Carter upheld the verdict. He also ordered Long Beach to pay about $280,000
in damages and legal costs, including Sayre's $700-per-hour fee.
Sayre's other recent victory over police brutality began
with a Nov. 5, 2009, LAPD-surveillance operation on a San Pedro residence in a
heavily Latino neighborhood. Despite not seeing any drugs, the officers—Alan
Coleman and Dana Lovato—weaved together three observations they thought
justified a raid: a male stood in the front-yard area; during a 12-minute
period, two vehicles drove up, stopped and talked to the man before driving
away; and a young man riding a skateboard passed their observation point,
politely said, "Hey," and then stopped briefly near the house under
surveillance.
"I'd been discovered," Coleman asserted later
in a sworn deposition. "This was, from my observation, narco
activity."
In reality, the observations alone—a man standing in a
front yard, two briefly stopping vehicles and a friendly skateboarder—meant
zilch. It wasn't suspicious that Enrique Hernandez stood in front of that
residence because he lived there with his parents. In fact, he wasn't alone
outside. But the other people weren't drug dealers, either. They included
Hernandez's two best, lifelong friends: 19-year-old restaurant banquet server
Gustavo Dorado and 18-year-old Damian Ramirez, a trade-school student.
The cops thought they'd entered the neighborhood
undetected. They were clueless that Hernandez and his friends saw them hiding.
Because they'd been doing nothing illegal, the men were equally clueless they
were the ones being watched. "I guess, in a way, we were being nosy to see
what happened [to bring the police]," Dorado later recalled. "[We
thought] they were looking for somebody."
When officers approached, the young men didn't flee. The
cops began questioning and heard someone say, "Do you want me to get down
from the tree?"
The question posed by Ramirez, who was sitting on a
wooden plank about midway up a nearby 8-foot tree, startled the cops. There was
nothing nefarious about the makeshift treehouse. Years earlier, as little boys,
the three friends placed the plank between branches and used it as a perch when
they played.
According to the police records, the officers managed the
"threatening" scene with textbook skill and without the use of any
force. After Ramirez left the tree, officers handcuffed and eventually released
the three men when searches found no drugs or weapons. But the police version
wasn't truthful.
Witnesses saw the 6-foot-2, 240-pound Coleman tackle the
135-pound Ramirez, throw as many as six punches to his body and knee him in his
rib cage at least twice, according to court records. The force punctured the
teenager's lungs, required two hospitalizations, as well as surgery, and will
forever prevent him from swimming or playing sports again.
In the aftermath, Coleman adamantly denied beating
Ramirez, but he claimed he had justification to feel threatened. Sayre asked
the officer during a deposition to explain. Coleman said Ramirez asserted he
had constitutional rights from police abuse when he was placed in handcuffs.
According to a deposition transcript, Sayre asked the
cop, "If a citizen says to you, 'I have rights,' you consider that
aggressive behavior?"
Here's the answer that demonstrates how warped some
Southern California cops have become: "An officer could take that as an
aggression," a straight-faced Coleman replied.
Last month, the officer's assertions didn't impress a
jury as credible. It sided with Sayre. Police could now pay more than $585,000
for the abuse.
For Ramirez—now a grocery clerk—Coleman's assault altered
his life.
"I don't feel safe," he testified. "I
don't think I will ever be able to trust the police anymore."
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
The officer Christian Chamberlain Award for “Fuck you, I’ll get away with it anyway” Fairfax County police . Police brutality
Cops cannot dismiss claims that they used excessive force
By ROSE BOUBOUSHIAN
(CN) - Police had probable cause to arrest two men they suspected of a hit-and-run involving a teenager who happened to be a cop's son, a federal judge ruled.
But the officers cannot dismiss claims that they used excessive force by allegedly grabbing one man by the throat and calling him a "cocky bitch." Two 13-year-old boys reported to police in July 2007 that they had been harassed while riding their bikes in Attleboro, Mass., a city south of Boston on the Rhode Island border. They said a car drove up behind them, and the man in the front passenger seat began swearing. Chistopher Redlund, the son of an Attleboro detective, said the car hit him when he told the driver and its passengers to go away. As Redlund flipped over his handlebars, the car fled.
When Redlund called his father, Detective Alex Aponte, to tell him what happened, he described the car as a two-door silver car with a rubber strip hanging from the passenger side. He said there had been four young black men in the car when it hit him.
Aponte quickly found a car that fit Redlund's description about a mile away. Finding that the engine of the Honda Accord was still warm, officers took its owner, Robert Robinson, and his son, Mario, into custody.
At the police station, Aponte took Redlund outside, showed him a row of cars and asked him if he could identify the car that hit him. Redlund pointed out Robinson's car to his father.
Later, Redlund watched the police interview Mario on closed-circuit television. Though he did not initially recognize Mario as an occupant of the car that hit him, he changed his mind when Mario took off his hat. Redlund told Aponte that Mario "looks like the kid because of his hairstyle."
Redlund did not identify Robinson, but officers arrested both men and charged them with a hit-and-run.
Prosecutors eventually dropped all charges against the Robinsons, who then sued the city of Attleboro and eight individual police officers, but not Aponte.
The Robinsons claimed that Officer Timothy Cook Sr. grabbed Mario by the throat during the booking process, held him against the wall, hit him in the face and called him a "cocky bitch" before carrying him to his cell. U.S. Magistrate Judge Judith Dein partly granted the defendants' motion for summary judgment in part, but upheld the claims for excessive force, assault and battery, and conspiracy.
"The plaintiffs have presented evidence which, if believed, would establish that the defendants attacked Mario by grabbing him by the throat, pinning him against the wall by the throat, and smacking him in the face without any provocation or justification whatsoever," Dein said. "Under such circumstances, a factfinder could conclude that the defendants' use of force was excessive and violated the plaintiff's constitutional rights."
"Because it would have been clear to a reasonable officer, based on the circumstances presented by the plaintiffs, that the defendants' conduct in attacking Mario for doing nothing more than making a telephone call was unreasonably excessive, the defendants are not entitled to summary judgment on the grounds of qualified immunity," she added.
Cook nevertheless had probable cause to arrest the Robinsons, according to the decision.
The Robinsons had claimed that Redlund made the identifications because of "a textbook case of a suggestive show-up or line-up, but the judge disagreed.
"There is no evidence that Aponte or any of the other officers told either of the witnesses which car to identify, or otherwise instructed them to implicate the plaintiffs," Cook wrote.
"The fact that the witnesses declined to implicate Robert, even though they knew he was suspected of being the driver of the vehicle that had hit Redlund, shows that the identification process was not so suggestive as to undermine the reliability of the witnesses' statements," she added.
Do fuck'n believe this? Where is the Justice Department? Where are our federal leaders? Stop these insane pricks
Los
Angeles Co CA sheriff’s capt investigated for taking ex-golf pro inmate to golf
resort to get golf lessons [0] http://bit.ly/I4qZDz
Fairfax County Police Sgt. Weiss Rasool award for Terrorism Against the People…yeah, the Fairfax cops actually hired a terrorist
Calgary
AB cop charged with assault over unspecified on-duty incident in July of 2011
[3] http://bit.ly/HUtebZ
The Fairfax County Police officer Walter R. Fasci/ Sean McGlone award for sober living. Fairfax County Police. Police brutality
New
Orleans LA cop suspended after arrest on DUI charge while driving unmarked
police cruiser, refused breath test [0] http://bit.ly/HUN3jp
Clinton
Twp NJ cop suspended arrested on possession of steroids w/o prescription charge
after investigation [0] http://bit.ly/Hi1leh
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
Fairfax County Police Officer Larry A. Jackson award for false arrest. Fairfax County Police. Police brutality
Illinois
2 ex-cops in center of several false confession cases teaching state-funded
police investigator classes [0] http://trib.in/HivDxr
Fairfax County Police officer Irene M. Boyle “Opps! Gee gosh it was loaded?” awards
St Cloud
FL cop accidentally shoots a fellow cop during a drug raid, claiming he was
concerned for his safety. However, police won’t say if they found anything or
arrested anyone during the raid. [3] http://bit.ly/HUO1wg
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
“It’s becoming a disturbingly familiar scene in America - mentally unstable cops”
Baltimore MD settles suit for $95k to principal injured
when cops detained her while searching home w/o permission [0]
http://bit.ly/HXlyoz
New Castle PA sued by man arrested by cop after he
reported that he suspected he was victim of check fraud scam [3] http://bit.ly/HXlViT
Gloucester Twp NJ cop arrested on drug possession and
possession with intent to distribute charges [0] http://bit.ly/HOOAHP
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
The officer Christian Chamberlain Award for “Fuck you, I’ll get away with it anyway” Fairfax County police . Police brutality
Peters PA police sued by man claiming cop was aggressive
& pulled gun on him while he was legally hunting [3] http://bit.ly/HXk5P6
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
Fairfax County Police Officer Amanda Perry award for Safe Driving. Fairfax County Police. Police brutality
RCMP to pay $331k judgment to man injured in crash when
cop ran red light on her way to lunch [0] http://bit.ly/HXksci
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
The Fairfax County Police officer Walter R. Fasci/ Sean McGlone award for sober living. Fairfax County Police. Police brutality
Grayslake IL
police chief charged w/DUI & armed while intoxicated following off-duty
head-on crash with car [0] http://bit.ly/HJj4uQ
Carrollton MO cop
charged w/possession of meth after opened bags of evidence found in car during
traffic stop [0] http://bit.ly/HVhPY0
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
The Fairfax County Police Officer Jeffrey Hand Award for Creative Income Production. Fairfax County Police. Police Brutality
Jackson TN cop
pleads guilty to conspiring to steal $1,200 from citizen while processing a
crime scene [0] http://bit.ly/HJl7yQ
Latah Co ID
sheriff’s lt charged w/felony misuse of public funds for allegedly skimming
$56k over 5 years [0] http://bit.ly/HJiJs9
Berwyn IL cop
sentenced to 47mo prison for taking part in burglaries on behalf of the mob,
leaked info [0] http://bit.ly/HmTNAZ
Lincoln NE cop
sentenced to 2-5yrs after pleading guilty to stealing thousands from union and
Santa Cop charity [0] http://bit.ly/HbIiBA
Prince George’s Co
MD cop arrested on 2 counts misconduct & theft for allegedly stealing from
evidence [1] http://bit.ly/HUSKME
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
Fairfax County Police Officer Amanda Perry award for Safe Driving. Fairfax County Police. Police brutality
Woonsocket RI cop
gets DUI charges dismissed after police waited a week after crash to charge him
[3] http://bit.ly/HbMmTn
7 Sunrise FL cops
disciplined after news article highlighted 800 cops caught excessively speeding
in Florida [0] http://bit.ly/HbI5yg
This week’s candidates for the Brian Sonnenberg Peaceful Resolution to Conflict Center Award. Fairfax County Police. police brutality
North Canton OH
cop gets probation/suspended sentence for firing gun during off-duty domestic
dispute [0] http://bit.ly/HOwbKn
Palm Beach Co FL
deputy arrested for harassing ex-girlfriend by posting harassing signs &
posters at her job [0] http://bit.ly/HcPPjB
Sevier Co TN
deputy convicted of agg assault for knocking neighbor off ATV & threatening
him w/gun [0] http://bit.ly/HS97br
Yakima WA cop
sentenced to 1yr jail in plea deal for harassment & violation of protection
order by wife [0] http://bit.ly/HLIq7U
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
This Week’s Capt. Denise Hopson Screw it, it’s the public s money and not mine Award
Corona CA settles
suit for $86k to man injured when yanked from car during stop for invalid
license [0] http://bit.ly/HGohox
Fort Worth TX
settles suit for $50k to man claiming cop taunted him after he was beaten &
tasered [1] http://bit.ly/Hca02d
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
Fairfax County Police Officer Larry A. Jackson award for false arrest. Fairfax County Police. Police brutality
New York NY police
sued for violating rights of 1000′s of private apt bldg residents with “Clean
Halls” program [3] http://bit.ly/Hc0TgT
Lacey WA cop
pleads guilty to lying under oath to judge in effort to obtain search warrant
on drug suspect’s car [0] http://bit.ly/HJltpt
New York NY police
face legal action after cop cuffed & detained Caribbean ambassador until US
State Dep intervened [0] http://bit.ly/HQeew4
Batesville MS
ordered to pay $53k judgment to family of teen arrested for curfew while with
adults on Halloween [0] http://bit.ly/HiBbH6
RCMP sued claiming
officers went outside bounds of warrant by seizing big ticket items & not
returning them [3] http://bit.ly/H6WYiR
Chicago IL cops
push for exception to wiretap law letting them record suspects while opposing
right to record cops [5] http://trib.in/HiBnGk
Youngstown OH
police sued by 2 women claiming cops filed false charges in retaliation for
complaints & lawsuit [5] http://bit.ly/He9cuN
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
Fairfax County Police Sgt. Weiss Rasool award for Terrorism Against the People…yeah, the Fairfax cops actually hired a terrorist
Macon GA police
sued by man who suffered facial fractures after pistol whipped by cop in false
arrest [3] http://bit.ly/HiUuiO
Harvey IL police
promise reforms after fed investigation finds 1/2 use of force cases were for
“contempt of cop” [0] http://bit.ly/HJm22t
Austin TX police
sued by Hispanic jogger injured when tasered 2x by cop who mistook him for a
black suspect [2] http://bit.ly/HcdIJ7
New London CT cop
fired for excessive force for leaving man paralyzed by shooting him inside
crashed stolen truck [0] http://bit.ly/HS9CCp
Denver CO police
commission continues long string of reducing & overturning disciplinary
actions against bad cops [5] http://bit.ly/HLIRPG
Waterford NJ cop
suspended and faces charges for alleging threatening to kill man who filed
complaint against him [0] http://on.cpsj.com/HiAVrw
Ottawa ON cop
suspended after charged with assault over unspecified off-duty incident [3]
http://bit.ly/HmTXIR
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
Fairfax County Police Officer David Ziants award for kill somebody and the worst thing that happens to you is you get fired.
Rockledge FL
police sued by mom of patient who died after tasered 6x & suffocated
w/pillow case by cops at hospital [3] http://bit.ly/HcOt4Q
Gilroy CA police
may be on hook for up to $1.25mil in jury award in excessive force suit over
fatal shooting by cop [0] http://bit.ly/HJjIID
Portland OR
ordered by arbitraitor to rehire cop fired for fatally shooting unarmed man in
back as he surrendered [0] http://bit.ly/HfBstc
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
This Week’s Capt. Denise Hopson Screw it, it’s the public s money and not mine Award
$620,000 in damages for dog shooting...Sheriff's deputy shot Labrador in 2010
Labrador? They shot a fucking Labrador, a dog known to be afraid of its own shadow.....they shot a Labrador.....
A Frederick County Circuit Court jury in the civil case filed by a Taneytown couple whose dog was shot by a sheriff's deputy found in favor of the plaintiffs Monday evening.
The six-person panel deliberated for more than 4 1/2 hours before returning a verdict to award Roger and Sandi Jenkins $620,000 in damages, according to plaintiff's attorney Rebekah Lusk.
They found that--Deputy First Class Timothy Brooks violated the Jenkinses rights under the Maryland constitution when he shot their chocolate Labrador retriever, Brandi, on Jan. 9, 2010, while he and Deputy First Class Nathan Rector were at their Bullfrog Road home looking for their son, who was wanted on a civil warrant called a body attachment.
The jury also found that Brooks and Rector violated the couple's rights by entering their home without permission.
The plaintiffs had argued that Roger Jenkins rescinded his permission to enter the home after shooting the dog, and that the denial of permission should have been implied under the circumstances anyway. The deputies both said they never heard Jenkins tell them not to enter.
"We are thrilled with the verdict and feel that justice has been served," Lusk said.
Lusk said the defense raised some issues with the verdict that will be heard today. She couldn't disclose the nature of the issues but said Judge Marielsa Bernard was bringing the jury back.
"The news is good, but it's not over yet," Roger Jenkins said.
Brooks called the jury's decision "outrageous and ridiculous" and claimed plaintiff's attorneys routinely misrepresented facts to paint him and Rector in the worst light possible. He said he was never able to fully articulate under questioning why what he said was a quick dart toward him by the dog led to the split second decision to shoot.
"If he had got hold of even an arm, he could have taken me down and done some serious damage," Brooks said of the dog. "The last thing I want to do is hurt either another person or an animal."
Brooks also said he believes the suit was driven my "money and greed."--
Before beginning deliberations, the jury heard accusations fly during contentious closing arguments from the attorneys.
Assistant Attorney General Roger Wolfe Jr., who was representing the state of Maryland, drew the ire of plaintiff's attorney Cary Hansel when he suggested that Roger Jenkins has a "character flaw" and may have been willing to sacrifice his dog to protect his son.
In response, Hansel called Wolfe's accusations "disgusting." He said he wondered why Roger Jenkins told the deputies they could come in and look for his son after he put his dogs away -- and why Jerrett Jenkins didn't run from the house -- if he was trying to protect him.
"That is one of the most ridiculous things I have heard in a courtroom in a long time," Hansel said of the suggestion that the Jenkinses were protecting their son.
Wolfe, along with attorney for the defense Dan Karp, focused much of their attention on the actions of Roger Jenkins, who they said was largely responsible for the shooting of his dog. They said Jenkins could have told the deputies that his son wasn't home, because he hadn't lived there in several months since being kicked out, and that he could have taken more action to secure the dogs.
"He made certain decisions that led us to this sorry state," Karp said of Roger Jenkins.
But Hansel said the Jenkinses knew their son sometimes sneaked back in the house, and that Roger Jenkins was being honest when he told them he wasn't sure if his son was home.
Hansel said that by suggesting that Roger Jenkins' actions led to the shooting of his dog, the defense was implying that citizens should fear for the safety of their dogs around law enforcement.
"What they're suggesting is that Mr. Jenkins should have known that police officers will gun down your dog," Hansel said.
Lusk wouldn't speculate about the effect Wolfe's aggressive approach may have had on the jury, but said it was "appalling" to see a representative of the state make such accusations against one of its citizens.
Wolfe asked jurors not to engage in "20/20 hindsight," and said that the plaintiff's case amounted to little more than "Monday morning quarterbacking." He said Brooks retreated before deciding in the last half-second to shoot the dog.
"What part of that is grossly negligent?" Wolfe said, referring to the standards by which the jury must judge the case. "What part of that is negligent? What part of that is malicious?"
Sheriff Chuck Jenkins -- who called Hansel a "good salesman" and said the verdict was a major blow to the department -- said he believes the finding of gross negligence was a reach on the part of the jury.
Insurance will pay the settlement amount, he said.
"I thought the monetary damages were excessive, but to me the real tragedy here was the finding of gross negligence on the deputies' part," Jenkins said. "There was nothing that reached that threshold. These guys were just doing their jobs."
Labrador? They shot a fucking Labrador, a dog known to be afraid of its own shadow.....they shot a Labrador.....
A Frederick County Circuit Court jury in the civil case filed by a Taneytown couple whose dog was shot by a sheriff's deputy found in favor of the plaintiffs Monday evening.
The six-person panel deliberated for more than 4 1/2 hours before returning a verdict to award Roger and Sandi Jenkins $620,000 in damages, according to plaintiff's attorney Rebekah Lusk.
They found that--Deputy First Class Timothy Brooks violated the Jenkinses rights under the Maryland constitution when he shot their chocolate Labrador retriever, Brandi, on Jan. 9, 2010, while he and Deputy First Class Nathan Rector were at their Bullfrog Road home looking for their son, who was wanted on a civil warrant called a body attachment.
The jury also found that Brooks and Rector violated the couple's rights by entering their home without permission.
The plaintiffs had argued that Roger Jenkins rescinded his permission to enter the home after shooting the dog, and that the denial of permission should have been implied under the circumstances anyway. The deputies both said they never heard Jenkins tell them not to enter.
"We are thrilled with the verdict and feel that justice has been served," Lusk said.
Lusk said the defense raised some issues with the verdict that will be heard today. She couldn't disclose the nature of the issues but said Judge Marielsa Bernard was bringing the jury back.
"The news is good, but it's not over yet," Roger Jenkins said.
Brooks called the jury's decision "outrageous and ridiculous" and claimed plaintiff's attorneys routinely misrepresented facts to paint him and Rector in the worst light possible. He said he was never able to fully articulate under questioning why what he said was a quick dart toward him by the dog led to the split second decision to shoot.
"If he had got hold of even an arm, he could have taken me down and done some serious damage," Brooks said of the dog. "The last thing I want to do is hurt either another person or an animal."
Brooks also said he believes the suit was driven my "money and greed."--
Before beginning deliberations, the jury heard accusations fly during contentious closing arguments from the attorneys.
Assistant Attorney General Roger Wolfe Jr., who was representing the state of Maryland, drew the ire of plaintiff's attorney Cary Hansel when he suggested that Roger Jenkins has a "character flaw" and may have been willing to sacrifice his dog to protect his son.
In response, Hansel called Wolfe's accusations "disgusting." He said he wondered why Roger Jenkins told the deputies they could come in and look for his son after he put his dogs away -- and why Jerrett Jenkins didn't run from the house -- if he was trying to protect him.
"That is one of the most ridiculous things I have heard in a courtroom in a long time," Hansel said of the suggestion that the Jenkinses were protecting their son.
Wolfe, along with attorney for the defense Dan Karp, focused much of their attention on the actions of Roger Jenkins, who they said was largely responsible for the shooting of his dog. They said Jenkins could have told the deputies that his son wasn't home, because he hadn't lived there in several months since being kicked out, and that he could have taken more action to secure the dogs.
"He made certain decisions that led us to this sorry state," Karp said of Roger Jenkins.
But Hansel said the Jenkinses knew their son sometimes sneaked back in the house, and that Roger Jenkins was being honest when he told them he wasn't sure if his son was home.
Hansel said that by suggesting that Roger Jenkins' actions led to the shooting of his dog, the defense was implying that citizens should fear for the safety of their dogs around law enforcement.
"What they're suggesting is that Mr. Jenkins should have known that police officers will gun down your dog," Hansel said.
Lusk wouldn't speculate about the effect Wolfe's aggressive approach may have had on the jury, but said it was "appalling" to see a representative of the state make such accusations against one of its citizens.
Wolfe asked jurors not to engage in "20/20 hindsight," and said that the plaintiff's case amounted to little more than "Monday morning quarterbacking." He said Brooks retreated before deciding in the last half-second to shoot the dog.
"What part of that is grossly negligent?" Wolfe said, referring to the standards by which the jury must judge the case. "What part of that is negligent? What part of that is malicious?"
Sheriff Chuck Jenkins -- who called Hansel a "good salesman" and said the verdict was a major blow to the department -- said he believes the finding of gross negligence was a reach on the part of the jury.
Insurance will pay the settlement amount, he said.
"I thought the monetary damages were excessive, but to me the real tragedy here was the finding of gross negligence on the deputies' part," Jenkins said. "There was nothing that reached that threshold. These guys were just doing their jobs."
The Fairfax County Police Officer Jeffrey Hand Award for Creative Income Production. Fairfax County Police. Police Brutality
Pr. George’s officer charged with theft
A Prince George’s County police officer was charged criminally with theft and misconduct in office for swiping items from the department’s property warehouse, according to authorities and court records.
Martin Abundez, a six-year veteran who had been assigned to the warehouse, was charged with one count of theft between $10,000 to $100,000, one court of theft less than $1,000 and two counts of misconduct in office, court records show.
Abundez has been suspended from the department while investigators probe the incident, police said.
Police said in a statement that a commander first tipped internal affairs investigators to Abundez’s theft, and those investigators worked with the State’s Attorney’s Office to produce the charges.
Abundez was served with the charges Monday, though the actual theft occurred Jan. 18, according to authorities and court records.
Julie Parker, a Prince George’s County police spokeswoman, said that Abundez took items valued at $1,600. She did not immediately have further details.
Martin Abundez, a six-year veteran who had been assigned to the warehouse, was charged with one count of theft between $10,000 to $100,000, one court of theft less than $1,000 and two counts of misconduct in office, court records show.
Abundez has been suspended from the department while investigators probe the incident, police said.
Police said in a statement that a commander first tipped internal affairs investigators to Abundez’s theft, and those investigators worked with the State’s Attorney’s Office to produce the charges.
Abundez was served with the charges Monday, though the actual theft occurred Jan. 18, according to authorities and court records.
Julie Parker, a Prince George’s County police spokeswoman, said that Abundez took items valued at $1,600. She did not immediately have further details.
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
“It’s becoming a disturbingly familiar scene in America - mentally unstable cops”
Man
Arrested, Charged With Assault For Pointing Finger At Cops
Disrespecting
a police officer is now a crime
A
Fredericksburg man faces two counts of assault for allegedly pointing his
finger at police officers, another example of how any behavior except complete
subservience to law enforcement is now being treated as a crime.
David
Loveless, who has no criminal record, was arrested and handcuffed last week
after he allegedly made a hand gesture at police who had testified against his
son in a robbery case.
He
now faces two counts of assault on a law enforcement officer by way of
intimidation and two counts of obstruction of justice.
Police
spokesperson Natatia Bledsoe claimed Loveless made a gun gesture at police
officers, but Loveless denies making any kind of gesture at all.
“I
don’t see how I was pointing my finger,” Loveless told ABC7. ” If anything I
was reaching into my pocket to get a pack of cigarettes. If that’s what they
saw, they have a vivid imagination.”
As
we have previously highlighted, almost weekly there is a new case of someone
being arrested and charged with assaulting a police officer merely for speaking
out, making a gesture, or attempting to protect themselves.
Indeed,
in some cases a person who is brutally beaten by cops is subsequently charged
with assaulting a police officer.
Last
year we reported on a case in which Dayton police tasered, pepper-sprayed and
beat a mentally handicapped teen and then charged him with assault because the
officers took the boy’s speech impediment as “a sign of disrespect”.
17-year-old
Jesse Kersey was charged with “assault on a peace officer, resisting arrest,
and obstructing official business,” after he became confused when police
started asking him questions. Kersey was tased and punched as cops threatened
to arrest neighbors who tried to tell them the boy was mentally handicapped.
Not
showing complete fealty to cops is now treated as “disrespect” and punishable
by a beat down. Having your head smashed in by cops also now qualifies as you
assaulting them.
Similar
to how cops think filming them is against the law, many are also under the
assumption that not groveling and obeying their every order is also an
arrestable offense.
Last
month, a city council had to pay a Nevada man $158,500 dollars after police
beat him up for “resisting arrest” when in reality he was having a seizure as a
result of a diabetic shock.
The Fairfax County Police Officer Jeffrey Hand Award for Creative Income Production. Fairfax County Police. Police Brutality
East
Moline police officer arrested
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
East
Moline Police arrested one of their own officers Monday on misconduct charges,
Chief Victor Moreno said.
Officer
Joseph DeCap, 46, was taken into custody and charged with five felony counts of
official misconduct and one felony count of financial exploitation of the
elderly or disabled, Moreno said.
The
official misconduct charges stem from an investigation that began in September
when the East Moline Police Department was notified that DeCap was possibly
involved in a suspicious transaction of a sale of a vehicle, Moreno said.
The
case was immediately turned over to Illinois State Police to investigate.
The
one count of financial exploitation of the elderly or disabled stemmed from an
unrelated investigation conducted by the Rock Island Police Department, Moreno
said.
DeCap
was taken to the Rock Island County Jail. His bond has been set at $45,000 for
all charges.
DeCap
was hired by the East Moline Police Department in 1989.
He
has been on paid administrative leave since Jan. 18, Moreno said.
In
addition, DeCap also could face administrative charges for violations of police
department policy, Moreno said
Moreno
said the arrest of DeCap is “very disappointing.”
Police
officers are expected to “hold themselves to the highest moral standards in
their professional and personal lives,” he said.
This Week’s Capt. Denise Hopson Screw it, it’s the public s money and not mine Award
Bethel Park Man Sues Peters Township, Police
Officer
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.
Bethel Park man this week has filed federal suit against Peters Township and
one of its police officers, alleging police misconduct.
According
to federal court records, Steven Stiegel, who filed the suit Tuesday, said he
was fox hunting with a friend, Nolan Majcher, on Jan. 30 on a piece of private
property in North Strabane.
“The
road where they parked is a dead end, several hundred yards away from any
houses. Nolan Majcher was situated about 30 yards from his truck, scanning the
woods, wearing hunting camouflage with his gun clearly visible,” court
documents show.
Then,
at about 11 p.m., they observed headlights coming down the road.
“The
car was driven by Peters Township police Officer Matthew Russell Collins.
Officer Collins did not identify himself as a police officer, but Nolan Majcher
suspected that he might be associated with law enforcement because of his use
of a spotlight.”
Majcher
walked toward the car, his arms reportedly extended, “with his gun held in a
vertical non-threatening position.”
That’s
when a confrontation between the two men occurred, according to the records.
“Officer
Collins then aggressively yelled, ‘Drop the weapon!’ and still did not identify
himself as a police officer,” court records show.
The
suit said Majcher complied with the officer’s request immediately, when the
Collins again spoke up.
“’What
the (expletive deleted) are you doing?’” court documents indicate the officer
said.
That’s
when—weaponless—Majcher reportedly held “both hands at shoulder height in order
to signal his prone position.“
The
man reportedly walked toward the car and office Collins so he “would no longer
have to shout.”
That’s
when court records show Collins again responded.
“Officer
Collins yelled, again very aggressively, ‘Stay where you are or I’ll shoot
you!’” the suit alleges.
That’s
when Majcher explained that he and Stiegel were hunting, and that his friend
was in the woods to the right of the officer.
“Officer
Collins responded belligerently and inappropriately” as Majcher made his way to
the officer’s vehicle, according to court records—with Collins training his gun
on the man.
Stiegel
walked out of the woods a little later, dropping his rifle.
But
according to the suit, Collins “aggressively questioned and retained them,
acted arrogantly and obnoxiously, and then left without issuing any sort of
citation—because no laws were broken,” the suit indicates.
While
the suit maintains that Steigel and Majcher were acting in accordance to the
law, it claims Collins “was outside of the rubrics of the law. He illegally
wielded a weapon against citizens and only their superior common sense
prevented a catastrophe.”
The
suit also alleges that Collins was in North Strabane at the time, which was out
of his jurisdiction.
Stiegel
said the incident caused him “physical manifestations and injury—and he had
made a complaint to the Peters Township Police Department.
In
a letter dated Feb. 29, Peters police Chief Harry Fruecht wrote to Stiegel:
"The
investigation established that the conduct of the concerned employee was not
contrary to department policy but disclosed training issues that will be
addressed department wide.
"Please
be assured that we desire to provide the best possible police service and are
appreciative when given the opportunity to clarify such matters.
"Thank
you for bringing this matter to our attention. If you desire further
information in regard to the investigation or disposition, please contact my
office."
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