Officer released on bond after being charged in fatal crash
By Carrie Cline -
By David MacAnally -
MADISON COUNTY, Ind. -
An off-duty police officer
arrested for OWI after a fatal accident on Sunday was released after posting
bond Monday morning.
Edgewood Police Officer James
Foutch has officially been placed on administrative leave. The town council
will determine whether that's with or without pay.
The Madison County prosecutor
says investigators believe Officer Foutch was driving under the influence of
hydrocodone, a powerful narcotic.
"We are waiting for the
police to conduct their investigation," Madison County Prosecutor Rodney
Cummings told Eyewitness News.
A blood sample was taken from
Foutch after the crash.
WTHR asked Cummings if the
officer was allegedly taking the hydrocodone legally. Cummings responded,
"I'm not sure it really matters if you're under the influence. You know
that you're not supposed to be driving and doing things that impair your
ability to drive."
The crash killed Jesse Sperry
and injured his wife, Rebecca Sperry, who was nine months pregnant. She
delivered a baby girl via emergency C-section. Mother and child remain
hospitalized. The couple were planning on a C-section delivery that night, but
the crash forced doctors to deliver their daughter early.
Madison County deputies say
Foutch, an officer with the Edgewood Police Department, was driving a 2004 GMC
Yukon westbound on State Road 32 around 12:20 p.m. when he rear-ended a 1996
Buick Century, pushing it off the north side of the roadway and into a utility
pole.
Jesse Sperry was declared dead
at the scene.
Rebecca Sperry, the driver of
the Century, was taken to an Indianapolis hospital with serious injuries.
Sperry's friends have set up a
website to support her. On the site, friends report that she delivered her
daughter, Autumn, via emergency c-section.
Foutch was not hurt but his
girlfriend, who riding with him, was taken to a local hospital to be treated
for pain.
Foutch was arrested on a charge
of OWI while causing death, a Class B felony. He is a 12-year veteran of the
department who normally worked the third shift.
Kansas City police officer convicted of corruption
KANSAS CITY, Mo. (AP) — A
suspended Kansas City police officer has been convicted of one count corruption
but found not guilty on four other charges after he was accused of having sex
with two women in exchange for not arresting them.
The jury convicted Jeffrey
Holmes on Friday of one corruption charge but found him not guilty of four
other charges involving corruption and sex-related accusations. The jury also
recommended that Holmes be sentenced to 15 days in the county jail and pay an
undetermined fine.
The Kansas City Star reports
(http://bit.ly/Px6Vjf) that two women accused Holmes of coming to their hotel
rooms in 2012, indicating he was going to arrest them for prostitution, but
having sex with each of them instead.
Holmes has been on unpaid
suspension from the department
Orange County Sheriff's Department Helicopter Crew Tails Journalist Probing Police Corruption
By R. Scott Moxley
After spending hours on March
31 interviewing multiple sources knowledgeable about Orange County Sheriff's
Department (OCSD) corruption involving a jail informant program defense lawyers
label dirty, a low-flying OCSD helicopter crew spent more than 40 minutes tailing
me everywhere I drove in three different cities.
According to an OCSD spokesman,
the crew headed by pilot Erik Baum is asserting an alibi: They were providing
aerial "perimeter" support for Westminster Police Department (WPD)
officers writing a routine report on a previous residential burglary call in a
low-income neighborhood where there were no fleeing suspects.
Westminster is not a contract
city for OCSD helicopter services, but Baum's story is that he just happened to
have been flying in the region precisely when I arrived and he decided this
particular burglary report, one of more than 10,000 taken in the county
annually, became his priority for 48 minutes.
Asked to explain what made this
burglary special enough to divert the use of a valuable public asset from the
rest of the 948-square mile county, the department spokesman declined to
elaborate other than to say Duke, the call name for the helicopter, was
requested by WPD.
But the airborne law
enforcement crew was not in Westminster or near the burglary location when they
began tailing me and, though I eventually drove through that city, the
helicopter continuously followed me to a third city during the time of the
alleged perimeter support.
Staff ignored my request to
interview to Sheriff Sandra Hutchens, who is seeking re-election, about the
incident.
OCSD plane and helicopter
pilots, who technically aren't supposed to use public property for personal
vendettas but routinely dive-bombed my residence at all hours of the day and
night, historically operate with little or no meaningful oversight.
Taken from extensive video of
the helicopter tail, here are sample images captured at different times and
different locations in three cities
Manslaughter charge dropped against ex-cop in Ark.
LITTLE ROCK, Ark. (AP) —
Prosecutors on Monday dropped a felony manslaughter charge against a former
Little Rock police officer in the death of a 15-year-old boy who was suspected
of breaking into cars at an apartment complex.
Two previous trials ended in
hung juries for Josh Hastings, who was charged in the 2012 death of Bobby Moore
III. Chief Deputy Prosecutor John Johnson said at a Monday pre-trial hearing
that he believed Hastings was guilty but didn't believe he could convince a
jury.
Hastings fired into a car that
Moore was driving with two other teenagers inside, which he claimed to have
done because the car was moving toward him. Investigators said physical
evidence from the scene indicated the car was in reverse or was stopped several
feet from Hastings when he fired through the windshield.
Police Chief Stuart Thomas
fired Hastings after concluding "the use of deadly force was not
justified."
Prior to the August 2012
shooting, Hastings had been suspended six times in five years. He appealed his
firing and his attorney, Bill James, said Monday he's waiting for the Civil
Service Commission to set a hearing.
"We'll try to get that set
as soon as possible," James said, adding he believes Hastings will get his
job restored.
Prosecutors could refile the
charge against Hastings but James said he doesn't believe that is likely.
Last month, James filed a
motion to dismiss the charges. Prosecutors on Monday moved to simply not
prosecute Hastings, a request that Circuit Judge Wendell Griffen granted.
A third trial was to have
started May 5. After the second hung jury, Prosecutor Larry Jegley said his
office had brought other cases to a jury for a third time and said he intended
to do the same with Hastings.
James said his client is ready
to move on.
"There's no winners in
this thing. Everyone has lost something," James said. "It's time to
let the healing begin."
The Arkansas Democrat-Gazette
reported (http://is.gd/NKonfr ) that Griffen told family members it's possible
that Hastings could again be charged.
"Nobody needs to walk out
of here with a hard-and-fast idea about what the future means except that this
prosecution is discontinued," he said, adding that nobody should walk out
thinking that 'Bobby Moore's death was not a tragedy.'"
The newspaper reported that an
older sister of Moore criticized the decision to drop Hastings' prosecution.
"He killed a 15-year-old
child," Deazzaray Perkins said outside of court. "They think we're
supposed to be OK with it? I'm not . That was my baby brother. It's been three
years. We haven't been able to spend Christmas, New Year's, birthdays, nothing.
He killed my little brother a few weeks before his birthday. It hurts."
Johnson said the case had
unique elements that made it difficult to secure a unanimous verdict.
"Not just difficult. We
have no good-faith basis we would ever get a jury to unanimously convict,"
he said.
Former Police Officer Convicted on Excessive Force and Obstruction Charges
U.S. Department of Justice
April 01, 2014 • Office of Public Affairs (202)
514-2007/TDD (202) 514-1888
WASHINGTON—Today, a federal
jury in the U.S. District Court for the District of North Dakota sitting in
Bismarck, North Dakota, convicted Lindrith Tsoodle, 58, of one felony count and
one misdemeanor count of using excessive force on persons in his custody in
November and December 2010. Tsoodle was also convicted of making false
statements to a federal law enforcement officer and was acquitted of tampering
with a witness.
Tsoodle, a former police
officer with the Three Affiliated Tribes Police Department in New Town, North
Dakota, on the Fort Berthold Reservation, was found guilty of violating the
rights of two people in his custody by using excessive force. Specifically, he
was convicted of twisting the neck of a handcuffed suspect, throwing him to the
ground, and kneeing him in the abdomen. He was also convicted of, on a separate
occasion, excessively tightening the handcuffs of an arrestee, slamming him
against the wall, using pepper spray on the arrestee, and striking him with his
hands and a baton. Both assaults occurred while the suspects were restrained
and were not posing a physical threat to the defendant.
Additionally, Tsoodle was found
guilty of making various false statements to a U.S. Bureau of Indian Affairs
Special Agent, who interviewed the defendant following one of the assaults.
“Our constitutional system of
government requires police officers to abide by the laws they enforce and to
protect the constitutional rights of all persons in their custody,” said Acting
Assistant Attorney General Jocelyn Samuels of the Civil Rights Division. “The
Department of Justice and the Civil Rights Division will vigorously prosecute
law enforcement officers who use excessive force.”
Tsoodle faces a statutory
maximum penalty of 10 years for the federal excessive force count, a statutory
maximum sentence of one year for the misdemeanor, and a statutory maximum
penalty of five years for the false statements count.
This case was investigated by
the Minot Resident Agency of the Minneapolis Division of the FBI and was
prosecuted by Special Litigation Counsel Gerard Hogan and Trial Attorney
Nicholas Durham of the Civil Rights Division.
Former Belen Police Department Detective Pleads Guilty to Using Excessive Force Against Arrestee
U.S. Attorney’s Office April
01, 2014 • District of New Mexico (505) 346-7274
ALBUQUERQUE—John Lytle, 41, a
former detective with the Belen Police Department in Belen, New Mexico, pleaded
guilty in federal court today to violating an arrestee’s civil rights by
assaulting him during the course of an investigative stop and arrest.
During his guilty plea, Lytle
admitted that on March 15, 2012, while working in his capacity as a Belen
Police Department detective, he repeatedly struck the victim, identified by the
initials R.A., who was handcuffed and compliant during the entire course of the
stop. Lytle further admitted that, at one point during the stop, he pulled the
handcuffed victim from the back of a police squad car, threw him to the ground,
and struck him again. The victim suffered injuries to his face and torso as a
result of Lytle’s assault.
Under the terms of his plea
agreement, Lytle will be sentenced to five years of probation. He also will be
precluded from working or seeking future employment as a law enforcement
officer in any capacity, and he must forfeit his law enforcement certification.
Additionally, the court may impose a fine or order Lytle to pay restitution to
the victim.
“The defendant has admitted
that he, in his capacity as a law enforcement officer, violated a person’s
constitutional rights,” said Acting Assistant Attorney General Jocelyn Samuels
for the Civil Rights Division. “The Justice Department will continue to
vigorously investigate and prosecute those who use the trust and authority of
their official position to engage in acts of criminal misconduct.”
Today’s plea resulted from the
investigative work of the Albuquerque Division of the FBI. It is being
prosecuted by Assistant U.S. Attorney for the District of New Mexico Mark T.
Baker and Trial Attorney Julia Gegenheimer of the Civil Rights Division of the
Department of Justice.
Fond du Lac officer disciplined for 3 crashes in a year
FOND DU LAC — A Wisconsin
police officer involved in a high-speed crash in November had been disciplined
for two other crashes in the preceding year, according to documents obtained by
The Reporter Media.
Officer Melissa Sprangers ran
into another squad car while responding to a request for backup last fall. The
crash totaled both cars and sent Sprangers and another officer to the hospital.
Sprangers had been going up to
67 mph and was speeding at 62 mph when her vehicle hit the other squad, police
documents showed. She was not wearing a seatbelt.
Fond du Lac police suspended
her for 20 days. She had been suspended for one day for a March, 13, 2013,
crash in which investigators determined she was driving too fast. She also
received a written warning for a Nov. 15, 2012, accident in which she hit a
parked car.
Fond du Lac Police Chief Bill
Lamb admonished Sprangers for having three crashes in about a year and warned
her that additional ones would result in harsher punishment.
“Further violations of city
policies … will not be tolerated,” Lamb wrote in a Jan. 2 letter to Sprangers
obtained by the newspaper.
Assistant Police Chief Steve
Klein said the 20-day suspension showed how seriously the department considered
the issue.
“It was quite a lengthy
suspension for this officer which sends a strong message that we are bound by
the law to drive with due regard when operating an emergency vehicle,” he said.
“This officer has been put on notice that any future actions such as this are
unacceptable. We’ve already dealt with a warning and now two suspensions and we
expect there will not be any future violations.”
Spranger has been required to
undergo remedial driving training. All officers complete a one-day driving
course every two years.
Klein said officers have to be
prepared for scrutiny.
“The public expects the police
department to operate and respond to emergency situations in a safe manner,” he
said.
Detective refused to apologize
Tim Doherty
A Hattiesburg police detective
who resigned March 28 has filed a notice of appeal after the Civil Service
Commission declined jurisdiction in acting on his request that a suspension and
reprimand be removed from his personnel file.
Attorney David Frazier, who
represents former Hattiesburg Police Department Detective Juston Frazier, filed
the notice Friday in Forrest County Circuit Court against the City of
Hattiesburg.
In an email of notification
sent Saturday to City Attorney Charles Lawrence and Linda Montgomery, clerk of
the Civil Service Commission, David Frazier “most humbly and respectfully
requests” on behalf of his client “and at this time moves that each member of
the Hattiesburg Civil Service Commission recuse themselves from hearing any
issues, from making any decisions, or from taking any actions on the merits in
this matter and that a new appeal panel be appointed, as provided by law, to
conduct a full investigation of the facts and circumstances which led to the
constructive termination of employment of Juston S. Frazier from the
Hattiesburg Police Department.”
The email also requests that
after “a full investigation has taken place with independent interview of all
necessary witnesses who are aware of the facts and circumstances of the matters
herein, that Juston S. Frazier be afforded his rights to a full, due process
hearing.”
In 2013, Juston Frazier was
suspended without pay and reprimanded after refusing to deliver an apology
ordered by Hattiesburg Police Chief Frazier Bolton to Mayor Johnny DuPree.
Statement from the Village of Park Forest On Police Officer Charged In Man’s Death
Park Forest, IL-(ENEWSPF)- Park
Forest officials released the following statement regarding the charges
announced against Park Forest Police Officer Craig Taylor: The Village of Park
Forest today issued the following statement regarding charges filed against a
Park Forest police officer in a man’s death last July:
Earlier today Park Forest
Police Officer Craig Taylor was charged with Reckless Conduct in connection
with the death of Mr. John Wrana. Officer Taylor surrendered and was released
on his own recognizance.
Officer Taylor has been an
outstanding police officer in our community since 2004 and has our full
support.
We believe that the facts of
this case do not justify any criminal charges being filed against Officer
Taylor. The Village anticipates no further comment on this matter until all of
the evidence is presented at trial.
Concord Cop Charged With Stealing Rx Drugs From Seniors
Susan C. Schena
A Concord police officer will
be arraigned this afternoon for allegedly stealing prescription drugs from
seniors, the Contra Costa County District Attorney's Office said today.
Prosecutors charged Concord police
K-9 Officer Matthew Switzer on Thursday with two counts of first-degree
burglary, one count of second-degree burglary, one count of fraudulently
obtaining prescription drugs and one count of elder abuse, according to the
district attorney's office.
His arraignment in Contra Costa
County Superior Court in Martinez is scheduled for 1:30 p.m. Switzer, a Clayton
resident, turned himself in this morning and is being held in the county jail
in Martinez in lieu of $240,000 bail, according to Deputy District Attorney
Barry Grove.
Prosecutors said the officer
allegedly used his status as a police officer to enter the homes of several
residents in an unnamed senior apartment complex in downtown Concord. Once
inside, he pocketed undisclosed amounts of Norco, a powerful prescription pain
drug, according to Grove.
Cop offers fellow officers $200 steak dinner to pull over ex-wife
GREENFIELD, Ind. - An officer
with the Greenfield Police Department was arrested on multiple charges Friday.
Terry Austin faces felony
charges of bribery and official misconduct after he was accused of offering
fellow officers a $200 steak dinner to "nail" his ex-wife, the
Hancock County Prosecutor said.
Austin received information
that his ex-wife, Koleki Wright Austin, had a suspended driver’s license and he
offered at least three officers with the McCordsville and Fortville police
departments a gift card for a $200 steak dinner to pull his ex-wife over for
the violation, court documents said.
McCordsville Officer Nathan
Garner told authorities he received text messages from Austin on Feb. 18.
Garner said Austin provided him with his ex-wife’s vehicle description and the
approximate time she would be leaving for work. Austin said he would pay for a
$200 steak dinner for pulling his ex-wife over and towing her car, officials
said.
A second McCordsville officer,
Officer Shawn Brady, told officials that Austin sent him a Facebook message
"sometime either January or February 2014" asking him to keep an eye
out for his ex-wife. Brady said Austin sent him his ex-wife’s vehicle
information and also offered to buy him a large steak dinner if he would stop
her.
Austin also sent similar text
messages to Fortville Officer Matt Fox on Feb 18, officials said. Fox told
investigators he has been friends with Austin for 10 years and he didn’t take
the offer seriously.
"200.00 Ruth Chris !!!!!
First one to nail her !!!!" records showed Austin said to Fox in a text
message.
When confronted on March 24,
Austin told authorities he was just doing his job by providing the information
to the McCordsville officers that work in the area where his ex-wife lived,
documents said. He said he did not see anything wrong with providing the
information and offering a steak dinner to the officer that pulled the vehicle
over and towed it.
Officials said Austin did a
computer check on his ex-wife’s license plate and driving record 25 times
between Jan. 1 and March 31.
An arrest warrant was issued
for Austin on Tuesday and he later surrendered to the Hancock County Jail on
Friday. Austin, who has been with the department for 18 years, was placed on
administrative leave pending the results of an internal investigation
Yonkers Cop Arrested For Drug Possession
by Suzanne Samin
YONKERS, N.Y. -- An off-duty
Yonkers police officer, Scott R. Stefanik, was arrested for criminal possession
of a controlled substance late Thursday, Yonkers Police said.
At approximately 9 p.m.,
members of the Yonkers Police Department Narcotics Unit were conducting an
investigation into narcotics sales at a location in the area of Locust Hill
Avenue, police said.
During the investigation,
Stefanik was identified as a suspect. Members of the Yonkers Police Department
Internal Affairs Division were notified and they subsequently placed him under
arrest for Criminal Possession of a Controlled Substance in the seventh degree,
a misdemeanor, according to officials.
Todays sexual assault charges against your police: Kansas City police officer convicted of corruption...
Todays sexual assault charges against your police: Kansas City police officer convicted of corruption...: KANSAS CITY, Mo. (AP) - A suspended Kansas City police officer has been convicted of one count corruption but found not guilty on four ...
Todays sexual assault charges against your police: Kansas City police officer convicted of corruption...
Todays sexual assault charges against your police: Kansas City police officer convicted of corruption...: KANSAS CITY, Mo. (AP) - A suspended Kansas City police officer has been convicted of one count corruption but found not guilty on four ...
This Week's Charge of Child Molestation by your Local Police: Long Beach police officer arrested on sexual batte...
This Week's Charge of Child Molestation by your Local Police: Long Beach police officer arrested on sexual batte...: By KATE MAGANDY HARRISON COUNTY -- A Long Beach police officer has been arrested on three counts of sexual battery of a juveni...
This Week's Charge of Child Molestation by your Local Police: Long Beach police officer arrested on sexual batte...
This Week's Charge of Child Molestation by your Local Police: Long Beach police officer arrested on sexual batte...: By KATE MAGANDY HARRISON COUNTY -- A Long Beach police officer has been arrested on three counts of sexual battery of a juveni...
Albuquerque police face hundreds of protesters
By SUSAN MONTOYA BRYAN
Associated Press
ALBUQUERQUE, N.M. (AP) - A day
after a protest over Albuquerque police shootings devolved into violence, the
city's new police chief on Monday commended officers for showing restraint and
said he is about to unveil reforms that include changes to the embattled
department's recruiting process.
Richard Berry said one officer
was injured, rocks were thrown and at one point protesters trapped police in a
vehicle and tried to break the windows, the Albuquerque Journal reported
(http://bit.ly/1i6XLC3 ). An Associated Press reporter saw gas canisters being
thrown outside police headquarters and Albuquerque police and Bernalillo County
sheriff's deputies charging at the protesters late Sunday, which mostly
dispersed the crowds.
Berry didn't know of any
arrests, and multiple messages left for the police department weren't
immediately returned. Video by KRQE-TV shows people being led away in zip-tie
restraints, but it's unclear if those people were arrested of if any protesters
were injured.
"We respected their rights
to protest obviously," Berry said, "but what it appears we have at
this time is individuals who weren't connected necessarily with the original
protest . they've taken it far beyond a normal protest."
Protesters took to the streets
in the early afternoon and stayed out late Sunday after authorities declared an
unlawful assembly. People are angry over Albuquerque police's involvement in 37
shootings, 23 of them fatal since 2010. Critics say that's far too many for a
department serving a city of about 555,000.
The protesters repeatedly
marched the 2 miles from downtown Albuquerque to the University of New Mexico,
holding signs protesting recent police shootings and often snarling traffic.
Motorists honked, and supporters took photos with smartphones. Activists called
on various city officials to resign, yelling late Sunday for the police chief
to resign.
Justin Elder, 24, followed the
protest as a passenger in a car and held a sign that read, "APD: Dressed
To Kill."
"That's what this police
force is about," Elder said.
Albuquerque police in riot gear
and New Mexico State Police followed the marchers, and protesters were seen
shouting epithets at officers. At one point, a protester climbed a tall street
sign on the city's historic Route 66 and unsuccessfully attempted to bring it
down.
A different protester,
Alexander Siderits, 23, said he was participating because he was "fed
up" with how police treat citizens. "It has reached a boiling
point," he said, "and people just can't take it anymore."
The U.S. Justice Department has
been investigating the department for more than a year, looking into complaints
of civil rights violations and allegations of excessive use of force.
The gathering came days after a
YouTube video emerged threatening retaliation for a recent deadly police
shooting.
The video, which bore the logo
of the computer hacking collective Anonymous, warned of a cyberattack on city
websites and called for the protest march. Albuquerque police said their site
had been breached early Sunday afternoon, but it was visible late in the
afternoon after being offline for hours.
Earlier Sunday, police
spokesman Simon Drobik confirmed the disruption was due to a cyberattack and
said investigators had not uncovered the source of the hack.
In the shooting on March 16
that led to the YouTube posting Tuesday, a homeless man was killed in the
foothills of the Sandia Mountains on the east side of Albuquerque. The shooting
was captured on video and followed a long standoff. The FBI has opened an
investigation into the shooting.
Last week, Albuquerque police
fatally shot a man at a public housing complex. Authorities said he shot at
officers before they returned fire.
Police Brutality and Abuse of Power the New Norm?
Mai Nowlin
Not a day goes by without news
of another case of police brutality or the abuse of power by officers, which
begs the question: is this the new norm? There was a time when it was not so
common to hear about abuse by the police, let alone see actual footage of the
abuse taking place. But now in this age of technology, camera phones, video
cameras and even squad car dash cams have made it possible for the general
public to have access to the rampant abuse of power by law enforcement. As
police brutality becomes more commonplace one is left to wonder if the public
can ever really feel safe and protected by the very ones supposedly charged
with that duty.
It has been said that the
supreme court indicated it was not an officers job to protect the public but
only to enforce the laws. If this is in fact the case, then those false “To
Protect and Serve” logos need to be immediately removed from every surface they
exist on. If citizens cannot depend on those who are charged with the
responsibility of peace keeping, who then will keep the peace? How scary is it
that often times in situations that are initially harmless, if the police show
up, that situation has an increased chance of possibly getting much worse by
them becoming involved. An innocent person is more likely to end up with
something life changing happening to them that will definitely be painful in
one way or another. It is no secret that this scenario is especially true for
minorities and has been for a very long time. When viewed from the point of
view of minorities, police brutality and the abuse of power by the justice
system is not a new norm at all, but has always been the case.
Presently, there has been a
noticeable shift in the nature of this long standing abuse. There are now more
cases of the police abusing any and everybody be they young, old, black, white,
human or animal. They are bursting into homes (often the wrong ones) shooting
and killing residents, but then claiming somebody had a weapon or made a sudden
move causing them to fear for their lives. They are shooting people in the back
then claiming the person again had a weapon or came at them threateningly. In
many of these cases the police have been found to have falsified reports, planted
evidence and flat out been the aggressor. There was a time when they could and
did easily get away with this behavior. Even with incriminating video evidence
they still are known to get off without so much as a reprimand. Why is this,
and what can both the public and honest law enforcement personnel do about it?
The answers may not be easy but the current vibe between average citizens and
the police are troubling to say the least.
The rampant and heinous abuse
of those officers who operate outside the perimeters of their sworn duties has
become much more than just troubling. The problem is heating to a rapid boil as
the recent events surrounding the homeless man who was killed by police in
Albuquerque have shown. It is sadly not far fetched or extreme to think that it
will come down to hand to hand combat in the event of say, marshal law. It is
already happening all over the globe. When you can kill with impunity the
balance becomes lopsided making a very dangerous recipe for disaster. It seems
that with all the gun violence going on, both the police and the public have
become jumpy and nervous and much more likely to shoot first and sort out the
details later. Trust is rapidly dwindling and the “us” versus “them” syndrome
is becoming ever more pronounced and noticeable. Interestingly, when officers
are not actively on duty, they tend to lead normal lives just like the rest of
us which makes it difficult to understand the animosity and division between
them and the public when the uniform goes back on. It has been said that the
police are a “gang” unto themselves and that many of them over time develop a
genuine sense of superiority over citizens and view them as disposal collateral
in the so called war against crime.
These days, people are just
downright afraid and distrustful of the police. Even senior citizens are at
risk of being killed by a nervous cop, as in the recent case of the elderly
gentleman who was tragically shot after exiting his car as he reached over to
retrieve his walking stick, which the officer mistook as a shotgun. There were
two victims in that situation because the officer who mistakenly shot the man
is said to have broken down with abject remorse soon after the shooting. It
really shows that things are spiraling out of control when an armed officer has
to feel that he can’t even trust the intentions of an elder. Yet it would seem
that neither can the general public trust the intentions of an officer. You
just never know if you’re going to have the awful luck of coming into contact with
a cop who has an evil agenda. If police contact does occur even under mundane
circumstances, the immediate reaction might be to panic and start thinking
things like “maybe if I act this way or that way, or say this or say that I can
avoid an altercation and not end up getting a bs ticket, going to jail or even
worse, getting killed!” What an awful way to have to feel when dealing with the
police in minor situations. The threat of police brutality and the abuse of
power becoming the new norm is proving to be a deadly combination for both
citizens and those charged with policing them.
Someone once shared a theory
that the reason so many officers have abusive personalities is because
frequently, the types of people who are attracted to law enforcement are usually
types who were bullies to begin with. They went on to state that many of them
harbor borderline psychotic and deviant personalities and are somehow able to
get past the vetting process. It stands to reason that the promise of power and
the lack of oversight is appealing to these types. Maybe the vetting process
should be vetted! It appears that all too often many officers go well beyond
what is required as far as violence is concerned. What ever happened to aiming
for non lethal targets when firing on citizens? And why is it so common to see
a large number of officers swarm on just one person? Understandably situations
can and often do escalate quickly, which is why it is important for officers to
get thorough and effective training in how to deal with the public. Because
clearly there is a vital component lacking in the process.
It must also be said that
obviously all officers are not corrupt or out to kill. Certainly the actions of
bad police make it even harder on those who genuinely wish to do an honest job
and be upstanding in their privileged positions. In all honesty, the actions of
officers who are either corrupt, badly trained, trigger happy or just scared
and or inept are making things bad for decent officers and everyone else as
well. Something has to give and more dialogue has to start happening or we will
simply be doomed to more of the same. If things ever get so bad that this
country finds its citizens facing off against any branch of law enforcement,
hopefully those in uniform will realize in time that, they are us, just as we
are them. Here’s to hoping that true healing can begin and that the abuse and
brutality will rapidly become a thing of the past.
Hawaii Police Misconduct Records Moving Closer to Public Scrutiny
Hawaii lawmakers took a
critical step forward Friday to require police to cough up their misconduct
records when the public asks for them.
The Senate Judiciary and Labor
Committee, chaired by Sen. Clayton Hee, passed House Bill 1812 over the
objections of the county police departments and the cops union.
The bill removes an exemption
that limits what misconduct records must be made public. It also requires
additional detail and updating for annual reports of police misconduct and
forces the cops to keep the records for at least 18 months after reporting them
to the Legislature.
The bill now heads to the full
Senate for its approval.
Read past Civil Beat coverage
of the issue here.
— Nathan Eagle
OCCUPY ST. LOUIS PROTESTER ACQUITTED OF ASSAULT AFTER ALLEGING POLICE BRUTALITY
David Carson
ST. LOUIS • An Occupy St. Louis
protester, Scott O’Rourke, was acquitted Wednesday of assaulting a police
officer after raising claims that it was in fact the officer who had beat him.
It is the third acquittal of an
Occupy protester on assault charges. Two prior defendants — Ryan Macias, 25,
and Ryan Seal, 27 — also alleged police brutality in their December 2012 trial,
pointing to booking photos and hospital reports that showed their injuries.
O’Rourke, 24, on trial this
week, was at a protest over police brutality regarding the two other claims
when he became ensnared with law enforcement.
Police said that during the
protest on May 24, 2012, O’Rourke was caught spray-painting the windows of a
bank on Olive Street, and that he punched the owner of a business. Police also
alleged that after being arrested, O’Rourke punched one of the officers after
his handcuffs were removed at the central patrol station.
He was charged with two felony
counts of assault on a law enforcement officer and misdemeanor counts of
assault, property damage and resisting arrest. Jurors acquitted him of all.
Joseph Welch, the defense
attorney on O’Rourke’s case and the case from 2012, said the separate verdicts
bolstered the notion that there was “a pattern of police brutality and police
misconduct at the Occupy events” that officials knew.
“Why are they even prosecuting
these cases?” he asked.
A police spokesperson said the
department was unaware of any complaints relative to the incident, but would
encourage anyone with complaints to come forward and they would be
investigated.
Lauren Trager, spokeswoman for
Circuit Attorney Jennifer Joyce’s office, said in a statement, “We hold the
highest regard and respect for the process by which juries make difficult
decisions. However, we stand by our decision to prosecute Mr. Scott O’Rourke.”
Welch pointed out in trial that
O’Rourke was accused of delivering punches with just his right hand, even
though he is left handed. The attorney also put his client on the witness stand
and said he believed the jury’s confidence in his credibility was a key to
winning the case.
Welch showed the jurors
hospital records and a booking photo of the broken nose that O’Rourke sustained
— he says from an officer’s punching him. The officer never denied delivering
the blow but insisted it had been justified. Welch had to fight in court to get
the booking photo of his client from prosecutors.
In court motions, Welch said
that what prosecutors finally produced was a drivers license photo, and that it
was only on the eve of the trial (when the case was first set back in February)
that they turned over the actual booking photo showing the injuries. Welch
unsuccessfully fought to have a judge dismiss the case as a result.
Seal and Macias had alleged
that they received concussions and other injuries after their encounter with
police on March 15, 2012. Police had alleged that one of the men spit at an
officer and then resisted arrest, and that the other man jumped on the arresting
officer’s back.
Jurors, after acquitting the
two men of resisting arrest and assaulting police, said discrepancies between
the police accounts gave them doubt, as well as a video that did not make it
clear who had spit at the officers.
Students share accounts of alleged police misconduct
________________________________________
By Stephanie Casanova |
________________________________________
When Tim Decker heard people
cheering out on University Boulevard after the Arizona men’s baskeball team
lost on Saturday night, he left his dorm to see what was going on.
Decker, a biology freshman,
stood on the corner of University Boulevard and Tyndall Avenue, observing the
crowd chanting “U of A.” He said people began to get aggressive when the cops
showed up.
Decker said he was alone when a
cop approached him, asking him to back off the street. Decker asked, “Why?”
because he believed he wasn’t doing anything wrong and was standing on public
property by himself observing the scene.
“The next thing that I knew is
I was hit in the face with a nightstick, and then I took off my hood and I put
my hands up and I was like, ‘That’s assault — you’re not allowed to do that,’”
Decker said. “And the next thing that I knew, I was being grabbed by police
officers, and they all started hitting me and beating me and telling me I was
resisting when I was screaming, ‘I’m not resisting,’ and it was all pretty
scary. I was a little confused about why everything was happening.”
During Saturday night’s clash
between crowds and officers of the Tucson Police Department 15 people were
arrested, nine of them UA students.
Decker said about six officers
grabbed him and hit him with their fists, and he was also hit with batons a few
times, leaving a lump on his head, scrapes on his knees and marks all over his
body, including one on the back of his neck.
Decker was taken to a van,
where he stayed with about nine other students for two hours until the area was
cleared. After being charged for unlawful assembly, Decker was released.
There are videos of Decker
clashing with police on YouTube and other social media sites. One of the most
popular videos circulating of the clash shows a woman being slammed into a
bench by an TPD officer.
The woman in the video,
Christina Gardilcic, is a senior studying psychology and Latin American studies
at the UA. Gardilcic is currently in discussions with her lawyer regarding a
potential lawsuit against TPD.
Unlawful assembly is defined in
Arizona Revised Statutes as “1. Assembling with two or more other persons with
the intent to engage in conduct constituting a riot … or 2. Being present at an
assembly of two or more other persons who are engaged in or who have the
readily apparent intent to engage in conduct constituting a riot … and
knowingly remaining there and refusing to obey an official order to disperse.”
Sgt. Chris Widmer, a TPD public
information officer, said everything was going OK until smoke bombs that had
been set by a crowd member went off, causing people to take over the street.
Officers did what they were
ordered to, which was to maintain control on University Boulevard to prevent
such a gathering, he said.
Widmer said past incidents from
1997 and 2001, when riots broke out after championship games and people flipped
cars over and damaged businesses, taught the department that violence can
result from large gatherings.
“The only option they did not
have was to stay in place or to move east past the line,” Widmer said. “When we
allow crowds to mingle and we allow them to build up and to kind of feed on
each other, historically, that’s when the disorderly conduct starts.”
Decker said the crowd of people
seemed like a tailgate to him, where people were simply showing their pride for
the university’s basketball team. Decker added that he didn’t think police were
trained very well for what happened and were probably scared because they
weren’t sure what to do.
“When they were going into it,
just because of what’s happened in the past, they automatically thought
whatever was going to happen — it was going to be a riot, and that’s how they
were going to deal with it,” Decker said. “But I thought that was the wrong way
of going about it.”
Ahva Sadeghi, a philosophy,
politics, economics and law junior, said she was leaving Gentle Ben’s Brewing
Company and trying to get to her car when she was stopped by a TPD officer. The
officer told her she couldn’t go that way, so she turned around and tried
walking toward Euclid Avenue, and an officer kept her from walking that
direction as well.
An officer then dropped a
pepper canister in front of Sadeghi, releasing pepper spray in her face and
causing her to cough nonstop for about an hour and a half after the incident,
she said. Sadeghi added that her throat still hasn’t cleared since Saturday’s
incident.
She said police should have
only interfered if fights broke out or if students were being harmed, which she
didn’t see happening on Saturday after the game. Students were simply
high-fiving each other in the crowds, she added.
“Students should be able to
celebrate a win or to be sad as long as there is no one harmed,” Sadeghi said.
“Here at U of A we’re a community. … I feel like a direct win when my
basketball team wins, and I feel a direct loss even though I wasn’t at the
stadium, even though I had nothing to do with the win. That’s how united our
school is, and we’re very passionate, but passion shouldn’t be
confused with fury.”
Sadeghi said her parents were
concerned because they don’t live in Tucson, and they rely on the local police
force to protect her when she’s away for school.
“They don’t want the police to
put us in harm’s direction,” Sadeghi said. “My parents were so nervous. I
couldn’t carry a conversation with them because I couldn’t stop coughing.”
The Price of Police Misconduct
An in-depth look at the City of
Chicago and Cook County suburbs finds thousands of lawsuits and hundreds of
millions of dollars in payments to police-misconduct victims and attorneys.
By Andrew Schroedter
Better Government Association
The City of Chicago has spent
more than a half-billion dollars on police-related legal claims over the past
decade.
But the gut-wrenching payouts
can’t all be blamed on notorious ex-Chicago Police Cmdr. Jon Burge, whose detectives
elicited false confessions through torture.
Payments relating to the
now-imprisoned Burge account for a fraction of the $521.3 million the city has
spent on police-related settlements, judgments, legal fees and other costs
since 2004, the Better Government Association has found.
The BGA also looked at what 132
Cook County suburbs paid for police misconduct-related claims and found a total
of more than $42 million was spent over the last five years.
The true cost for both the city
and suburbs, though, is even higher, as the BGA counted settlements and
judgments, legal bills and other fees – but not less tangible expenses.
It’s important to note this
isn’t just a financial issue.
Police misconduct has inflicted
pain and suffering on numerous residents, and by the same token false
allegations against officers also can exact a toll.
The numbers, however, speak for
themselves.
In 2013 alone, the city shelled
out $84.6 million – the largest annual payout in the decade analyzed by the
BGA, and more than triple the $27.3 million the city had initially projected to
spend last year.
A comparison to other major
cities is difficult.
But the BGA found that New York
City paid $151.9 million in the most recent fiscal year with figures available
– more than Chicago has paid in any year since 2004. But New York’s population
and police force is three times as large.
Los Angeles, which has a similar-sized
police force as Chicago, paid nearly $20 million last year – the last time
Chicago paid so little was $18.5 million in 2005.
Other BGA findings include:
+ More than 1,600
misconduct-related lawsuits had been filed against Chicago police from 2009 to
2013, a majority alleging excessive force. (An exact number for years 2004 to
2008 was not available.)
+ The city paid $391.5 million
in settlements and judgments over the last decade. Nearly 15 percent, or $57
million, went to Burge victims.
+ Additionally, the city paid
$49.8 million in plaintiff attorney fees and other costs related to all
misconduct claims and an estimated $80 million for defense attorneys.
+ In the suburbs, more than a
quarter of the misconduct lawsuits were concentrated in six towns: Berwyn,
Calumet City, Cicero, Dolton, Harvey and Markham. Collectively, those suburbs
have paid more than $23 million since 2008.
Political leaders in the city
and suburbs say they’re working to address the problem.
But criminal justice experts
tell the BGA that won’t happen, at least in Chicago, until police address a
so-called “code of silence” – where officers refuse to tell on each other for
misbehavior – and a flawed disciplinary system that together allow misconduct
to prosper.
“Until that changes we’re going
to continue to pay out money,” says University of Chicago law professor Craig
Futterman, who has co-authored a report on Chicago police misconduct.
Crooked Cop’s Four-Day Prison Sentence Slashed To One Day
by Ned Berke
Diego Palacios, the police
officer kicked off the force after his bogus arrest of a Sheepshead Bay man,
may have been sentenced to four days in prison – but he served only one night.
New York Post picked up on our
exclusive story last week – without giving credit to Sheepshead Bites – noting
that Palacios pleaded guilty in exchange for a sentence of four days in prison
and his resignation from the NYPD. The paper learned that Palacios had to spend
only a single night behind bars, though.
Palacios was imprisoned after
the Thursday afternoon hearing, in which he admitted to filing a false police
report that claimed Sheepshead Bay resident John Hockenjos attempted to run the
officer over with his car. That four-day sentence meant that Palacios would
have been a free man again on Sunday.
But the sweetheart deal for a
man who nearly put an innocent man in jail for seven years got even sweeter for
Palacios: state law requires that inmates scheduled for discharge on a weekend
should be freed on Friday.
Palacios spent the night in
jail, and was freed the next day.
Hockenjos is fuming over the
short prison sentence, and afraid for his safety.
“He’s a free man to do whatever
he wants,” Hockenjos told Sheepshead Bites last week. “And I have to be in pure
fear that there could be retribution. I should not be in this position.”
Law Student Sues NYPD For False Arrest After Calling Out Cops Who Parked In Bus Stop
by Ned Berke
A Cardozo School of Law student
is suing the city and two police officers from the 61st Precinct, claiming they
wrongfully arrested him after he chewed them out for parking in a bus stop to
grab some food.
Tzvi Richt, 22, was given two
disorderly conduct summonses after he got fed up and mouthed off to two
officers who he claims chased off a man for parking in a bus stop – and then
took the spot for themselves.
The incident happened in
December, when Richt was on his way home from final exams. He spotted two
officers in their patrol car at Kings Highway and East 16th Street. The boys in
blue were honking at a man using a nearby ATM to move his car from a bus zone.
When that man hurriedly pulled away to avoid a ticket, the cops pulled into the
bus stop, left their vehicle, and hit a nearby food truck for some chow, the
suit alleges.
The New York Post details what
happened next:
Richt approached NYPD officers
Graham Braithwaite and Jason Pinero and quizzed them about the apparent double
standard.
“Plaintiff asked the officers
whether they thought what they had done was right,” the suit states. “Kicking a
civilian’s car out of a bus stop so that they could park there just to get
food.”
Richt claims that he asked the
question in a respectful manner and was not “yelling or shouting,” according to
court papers.
Braithwaite tried to shoo Richt
away – but he wasn’t taking no for an answer.
“Plaintiff responded by asking
whether he wasn’t allowed to ask a question of a police officer,” the suit
states.
Braithwaite then demanded
Richt’s identification – but the student asked if they had the right to make
the request.
That’s when Braithwaite put him
in cuffs and threw him in the back of the cruiser, the suit claims. Pinero
apparently attempted to urge his partner to forget about it and move on, but to
no avail.
Richt spent an hour and a half
behind bars before getting the disorderly conduct citations.
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